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ON 18 JULY 2012 a violent incident occurred at the Manesar unit of Maruti

Suzuki India Limited (MSIL), in which an HR manager died and some other
managers as well as workers were injured. The incident was projected by the
mainstream media as an isolated act of horrific violence which was attributed,
even before any investigation to the workers. In this process, the long chain of
events and continuous tension and conflict that preceded the incident and the
truth about the incident itself were obscured. This apparent amnesia that coloured
the understanding of the events of that day entailed grave consequences for the
workers and is causing a continuous miscarriage of justice. The events of 18 July
need to be seen in the context of the persistent struggle of the workers of the
Manesar unit to register a union and draw attention to their working conditions
even as we wait for the trial to conclude.
As reports of severe harassment of Maruti workers and their families trickled in
in late July 2012, Peoples Union for Democratic Rights (PUDR) undertook a fact
finding investigation into the incident, its context and implications. In the course
of our fact finding, we met the workers (contract, permanent and terminated),
the union leaders, their lawyer as well as officials from the labour department,
Gurgaon, and different police officials, including the Commissioner. All attempts
to meet the management turned out to be futile because it did not give us
appointment for a meeting.
The present report follows in the wake of our two previous reports Hard Drive
(2001) and Freewheelin Capital (2007) which recorded two previous crucial
moments of the labour struggle at Maruti. While the first report documented how
the gains made by workers of the then union started coming under attack, the
second one highlighted the changing composition of the work-force. Both the reports
have clearly established the acts of omission and commission of the state
institutions in favouring the Maruti management.
Even as this report goes to print, the harassment of the workers by the police and
the management is continuing and intensifying. It is of utmost importance,
therefore, to document and publicise the issues at stake and locate the current
situation in the context of workers exploitation and struggle at Maruti.

CHAPTER ONE

The Background
The Maruti Udyog Ltd was established in
Gurgaon in 1981. The company was first
operationalised in 1983 with the rolling out of
the Maruti 800 model. After its launch in India,
the company soon became a symbol of
automobile revolution. For many decades,
Maruti Udyog Ltd. enjoyed virtual monopoly
in the automobile market in India and it still
dominates in small segment cars. Now Maruti
has two manufacturing units, including five
plants in all - the older one at Gurgaon and
another one that started in 2006 at Manesar,
both of which are in Haryana. Marutis Gurgaon
and Manesar plants have a production capacity
of 1.27 million cars per annum. The company
sold over 1.134 million cars in 2011-12.
In 1990, the Congress government led by
Narasimha Rao initiated liberalisation of the
Indian economy. A consensus about the need to
privatise public sector units through
disinvestment was fast emerging across political
parties. In fact during the tenure of the NDA
government (1998-2004), a Disinvestment
Minister was appointed for the first time. For
the disinvestment process to be successful, the
most profitable public sector enterprises needed
to be privatised first. Maruti was one such
company. In 1992, the government reduced its
own shares to 50% allowing the Suzuki Motor
Corporation of Japan to become an equal partner.
As a result, Maruti got converted to a joint sector
company from a public sector company. In 2002,
the Suzuki Motor Corporation had increased its
share to 54.2%. The process of disinvestment
continued and by June 2003, the governments
share had reduced to 18.28% and further down
to 10.27% by February 2006. By the end of 2007,
the Government of India had given up its stake
in the company completely, making it a purely
private company. The Maruti Udyog Ltd was
renamed as Maruti Suzuki India Limited
(MSIL) in September 2007.
The history of Maruti is marked by
exploitation of workers through inhuman

working conditions, extraordinary work


pressure, harassment by arbitrary issuing of
show-cause notices and charge-sheets,
transfers, suspensions, criminal intimidation,
terminations without inquiry, forcing the
workers to take voluntary retirement, etc. The
history is also marked by a militant struggle
waged by the workers. Needless to say, many
active workers have paid heavily for their
struggle against the violation of their legal and
democratic rights in the company. The
persistent resistance put up by the Maruti
workers has few parallels in this country and
therefore becomes an important component of
the history of Maruti as well as of the struggle
of workers across the entire Gurgaon industrial
belt.
Although the working conditions at Maruti
were never ideal since its inception, they have
become worse, and the exploitation of workers
and contractualisation of the work-force also
increased as the extent of disinvestment by the
government increased. Maximising profits at
any cost is the top priority of any private venture.
Reducing the labour costs by contractualisation
of work-force, devising mechanisms to extract
maximum work effort from workers, getting rid
of the relatively older workers or those with
disabilities or medical condition are some of the
ways adopted by private companies for this
purpose. All these methods act against the
interest of workers, their health, safety and
dignity of labour. Maruti has seen them all.
Marutis history is an example of how
privatisation of a public sector company leads
to harsher working conditions for its employees.
It is also an example of how privatisation
necessarily results in dehumanisation of workforce and curtailment of workers rights to
unionise and struggle for their rights, despite
this being guaranteed by the law and
Constitution.
As against the common perception that
Maruti workers are highly paid, actual wages

of the workers have always been uncertain (See


Chapter Two, section Nature of Employment,
Wages and Promotions). This was because the
major component of wages was determined by
way of payment as incentive. Conditions of the
incentive payment were always decided by the
management. Arbitrary revisions were often
made in the norms of the incentive, which
adversely affected the wages. In fact, changes
in the norms of the payment of incentive bonus
have been one of the first causes of discontent
amongst the workers and remains so till date.
Till 1995, the wages at the Gurgaon unit
were determined by an original incentive
scheme, according to which 65% of all saving
in the labour cost above the norm set was
distributed to workers as incentive bonus. The
production norm was then set at 41.5 cars per
worker per year. In 1995, a new productivitycum-profit based incentive scheme was brought
in which revised norms of productivity per direct
workers (i.e. workers directly involved in
production) and that also included profit as a
component. This scheme was to be revised after
four years. In 1999, the union (Maruti
Employees Union) demanded that the original
scheme be restored with revised norms on
account of increased production capacity due to
mechanisation, etc. In response, the company
brought in a new Productivity, Performance
and Profitability Scheme. According to this
scheme, the incentive paid to the workers was
to be calculated on the basis of sales of both
cars and spare parts as well as the attendance
record of the workers. It should be noted that
by this time, as per the calculation of the Centre
for Workers Management for Marutis then
union, workers productivity by 1999-2000 had
increased to 107 cars per worker per year. The
union opposed this scheme, quite legitimately
arguing that the productivity incentive could
not be linked to sale as the latter was not in
their control.
This led to the first major agitation in
Maruti from 3 October 2000. The office bearers
and workers resorted to a two-hour tool down
strike in each shift and also a hunger strike.

The management responded with unjust


suspensions and dismissals. Within a few days,
the factory gates were shut and workers were
told they could enter the factory only if they
signed a good conduct undertaking which
restricted their right to protest. Workers
refused to sign this undertaking and sat on a
dharna first near the factory in Gurgaon and
then at Udyog Bhawan, New Delhi. The
management quite successfully diverted the
focus of the agitation from the demand for a
pro-worker incentive scheme to that of
withdrawal of the undertaking.
Being an equal partner in the company, the
government should have intervened in the
matter. It did so but not to favour the workers.
Ultimately on 8 January 2001, workers had to
accept a settlement through which they gained
very little. In this agitation, 24 workers
including some office bearers of the union lost
their jobs through termination. Workers were
not paid salaries for the entire period and the
period after the settlement saw increase in
work-pressure and severe harassment at the
work place. The union was derecognised in
December 2000 itself; a new puppet union called
the Maruti Udyog Kamgar Union was floated
by the management.
In this entire period, not a single instance
can be cited where the labour department
intervened on behalf of the workers. On the
contrary, it preferred to stay away. Cases were
filed by the union against the unfair labour
practices in the labour court and the High
Court, but courts failed in providing any relief
or justice to the workers (See PUDR report
Hard Drive, 2001). Cases filed by the dismissed
workers in the labour court and the High Court
have not resulted in any worker getting justice
till date.
Bringing in a Voluntary Retirement Scheme
(VRS) in two phases in 2001 and 2003 at Maruti
was yet another anti-worker move initiated by
the company. This move led to the replacement
of the permanent workers considered
undesirable by it, by contract workers who are
paid much less for the same work. By this time,

the governments share in the company had got


reduced significantly. At Marutis Gurgaon
unit, employees salaries and other benefits have
never exceeded 3% of the total turnover; this
percentage also includes the salaries of the
management personnel which is a significant
portion of this expenditure. Between 2001 and
2003 when the VRS was brought in, the
employees cost was 2.16% to 2.43 % of the total
turnover.
The implementation of the scheme was
hardly voluntary. In fact, the management
targeted active union members who were forced
to accept the VRS. One hundred and eleven
workers were terminated in 2002 simply for not
accepting the Voluntary Retirement Scheme.
In the two phases of the scheme, around 2500
permanent workers lost their jobs either because
they were forced to accept VRS or were actually
removed for not accepting the same. Methods
used to force workers to accept VRS included
questioning, threats of removal, arbitrary
transfers from one kind of work to another,
selectively intimidating the physically
challenged or those suffering from ill heath and,
of course, termination if they did not bow down
to any of these.
The company violated its own norms for VRS
as well as those of the Government of India in
the implementation of the scheme. The workers
alleged that there were serious irregularities
and lack of transparency in the calculation of
dues at the time of taking retirement. In fact, a
number of workers were paid much less than
what was due to them on the pretext of some
charge sheets pending against them. The
company also got rid of another set of its workers
who were not entitled for VRS through a second
scheme brought in November 2001 the
Voluntary Suppression of Services (VSS)
scheme. Sixty-eight permanent workers
(specifically, drivers) lost their jobs through this
scheme.
Thus, the VRS served a dual purpose for the
management. It substantially reduced the
labour costs of production and helped the
company silence the voices of workers by

eliminating those who were most vocal. Once


again the labour department failed the workers
by not heeding their complaint regarding
coercive measures to accept voluntary
retirement. (See PUDR report Freewheelin
Capital, 2007.)
In 2006, the second manufacturing unit of
the company was started at Manesar. The unit
is constructed in an area of 600 acres with two
fully integrated plants. The unit also has a third
proposed assembly plant which will become
operational this year. The Manesar plants are
highly automated with advance robotics, hightech paint, welding and machining
infrastructure. It is estimated that about twothird of the workers at Manesar unit are
contractual.
Ever since 2001, the Maruti management
has often claimed that it is facing stiff
competition from other entrants in the
automobile industry and this is also offered as
a plea for the need to reduce the costs. However,
a look at annual reports shows that the facts
are very different. MSILs annual sales have
increased from around Rs.9 billion in 2001-02
to over Rs.360 billion in 2010-11, i.e., an
increase of 400%. The company complained
about loss of profits due to first round of workers
agitation at Manesar in 2011, but it is
significant to note that in the period between
2007-08 and 2011-12, the companys sales have
doubled from about Rs.178.6 billion to Rs.347
billion, while the number of units produced went
up from 764,842 to 1,133,695 and net worth of
the company increased from about Rs.84.2
million to Rs.151.9 million during the same
period. In 2011-12 itself, the company sold
12,71,005 cars thereby earning a profit of
Rs.3135 crore (before tax).
The chairman of Maruti company has
written about this unprecedented success of the
Maruti work-force in the following terms:
It is to the credit of our production team
that they could bring in many innovations
on the production system, which resulted in
total sales increasing in 2010-11 to 1.27
million cars from 1.02 in the previous year -

Box 1: Policies, Growth and Wages: The Auto Industry


The neoliberal policies, being implemented in the guise of globalisation to speed-up the
development of the Indian Industry since 1991, are
believed to have created employment opportunities
in the industrial sector. Yet the truth belies this
popular understanding. According to the Economic
Survey 2012-13, employment in manufacturing
sector has increased only marginally, from 47.06
lakhs in 1995 to 53.07 lakhs in 2011. During this 16
year period, the average annual increase is a mere
0.86%. But what is unfortunate is that in the name of
developing a globally competitive industry, the
labour regulations and the labour laws were allowed
to be ignored by the private industry.
The major happening in this period is the
growing practice of employing a large number of
casual/contract employees on regular jobs. A Chart 1 Source: Annual Survey of Industries
number of companies, particularly the new ones,
ensure that a large percentage of the workforce remains in the contract/casual category and is paid
much lower wages than that of permanent workers. Maruti Suzuki India Ltd is a prime example of this
phenomenon. Is the great growth of about 8% per annum in recent years (2000 onwards) in the Indian
economy and the prosperity it brought to the top industrialists, (who are also in the much valued
Forbes List) in any way trickling down to workers? The data clearly demonstrates that this is not so.
The real wages in the motor vehicle industry (wages after adjusting the inflation) have come down
during the decade 2000-01 to 2009-10. (Chart-1) Also, as can be seen in Chart-2, wages as percentage
of net value added has been declining in the automobile industry.
This naturally has led to unrest among the work force in the automobile industry. Among the
prominent instances of labour agitation in the auto and auto parts sector are: Mahindra (Nashik),
May 2009 and March 2011; Sunbeam Auto (Gurgaon), May 2009; Bosch Chassis (Pune), July 2009;
Honda Motorcycle (Manesar), August
2009; Rico Auto (Gurgaon), August
2009, including a one-day strike of the
entire auto industry in Gurgaon;
Pricol (Coimbatore), September 2009;
Volvo (Hoskote, Karnataka), August
2010; MRF Tyres (Chennai), October
2010 and June 2011; General Motors
(Halol, Gujarat), March 2011; Maruti
Suzuki (Manesar), June-October 2011;
Bosch (Bangalore), September 2011;
Dunlop (Hooghly), October 2011;
Caparo (Sriperumbudur, Tamil Nadu),
December 2011; Dunlop (Ambattur,
Tamil Nadu), February 2012; Hyundai
(Chennai) April and December 2011- Chart 2 Source: Annual Survey of Industries
January 2012; and so on. (http://
www.rupe-india.org/52/auto.html#note1)

an increase of 25 per cent. Producing


250,000 extra cars, without any new
additions to capacity was really an
outstanding

TABLE 1

Employee Salaries & Benefits


as percentage of net sales
Year

P ercentage

2001-02

2.24

2002-03

2.52

2003-04

3.3

2004-05

1.8

2005-06

1.97

2006-07

2.01

2007-08

1.99

2008-09

2.31

2009-10

1.88

2010-11

1.94

2011-12

2.4

S ource:A nnualR eports ofM S IL

achievement. [From The Maruti Story:


How a Public Sector Company put India on
Wheels by R.C. Bhargava (2010)]
Over the years, Marutis expenditure on
workers has continued to remain lower than
that of almost all other automobile companies,
where expenditure on employees ranges
between 4%-5% of net sales. The profit ratio of
the company thus has remained consistently
high, and this is ensured on the basis of the
consistently high degree of exploitation of
workers.
Even as profits of the company were soaring,
real wages of Maruti workers rose by just 5.5%
between 2007 and 2011 while the consumer
price index rose by 50% during this period. In
contrast, the annual remuneration of MSILs
CEO increased from Rs. 4.73 million in 200708 to Rs.24.5 million in 2010-11, an increase of
419%.
By the time Manesar unit was opened, the
workers condition in Gurgaon unit had
deteriorated to a considerable extent and the
bargaining power of the workers had touched a
real low. Workers there had lost out a number
of hard won gains. In the Manesar unit the
company not just replicated the model of the
Gurgaon unit of that time, but created even
harsher work atmosphere for the workers. Thus
the workers at Manesar inherited the losses of
the Gurgaon workers. There must have been
grievances from the beginning itself, however,
workers unrest became visible to the outside
world only in 2011, when an agitation was
started in the Manesar unit for the registration
of their union and for regularisation of contract
workers. The agitation continued for over a year
in some form or the other till 18 July 2012.

TABLE 2

Timeline of Developments and Labour Struggles at Maruti


2000

Management controlled union MUKU set up at Gurgaon unit

2001

First elections of MUKU held at Gurgaon unit

2006

First Maruti plant set up in Manesar, Haryana

3 June 2011

Application submitted to Labour Dept., Haryana, by Maruti Manesar


workers to register their independent union, the MSEU

4 June 2011

Sit-in strike/ occupation by workers at Manesar unit begins.


Demands include making temporary and contractual workers
permanent, apart from primary demand of right to unionise in order
to raise persistent legitimate demands regarding the duration of
work, work pressure, etc.

6 June 2011

11 workers active in the agitation terminated in the Manesar unit.

17 June 2011

Agreement reached by intervention of the Deputy Labour


Commissioner (DLC), dismissed workers reinstated; workers assured
verbally that their union would be registered.

July 2011

4 workers terminated and 6 workers suspended on grounds of


indiscipline and negligence. Continuous tension and regular
everyday confrontations on the shop-floors.

14 August 2011

Manesar workers pending application for union registration rejected


by labour department on technical grounds

24 August 2011

4 workers suspended

28-29 August 2011

A large number of policemen enters the Manesar unit and


management seals gates of the unit - illegal lockout.

29 August 2011

Management declares that workers can re-enter the plant if they sign
a good conduct undertaking. Only about 20 workers sign it while the
others stay outside.

August-Sept. 2011

Series of suspensions/terminations of workers by management on


various grounds. By mid-September, 57 workers at Manesar unit
suspended or terminated. Management also hires about 800 new
contract workers as existing workers protest outside.

September 2011

Routine harassment, arrests of union members and active workers by


Haryana police, even as negotiations were being attempted. Joint
demonstrations by unions of other factories in support of Maruti
workers in Gurgaon-Manesar.

September 2011

A second plant B Plant set up at Manesar. Many contract workers


and those loyal to the management shifted there.

30 September 2011

Workers agree to sign the good conduct undertaking and company


agrees to convert 44 terminations into suspensions. Also agrees to
take back 18 trainees thrown out by management.

3 October 2011

Workers arrive at Manesar to re-join work. Only permanent workers


allowed in while 1100 contract workers denied entry and told to take
final dues and leave. Only 100 workers do so.

7 October 2011

Permanent and contract workers start a sit-in/occupation inside the


plant demanding reinstatement of contract workers, and re-starting
of bus service. 11 other unions join them and occupy their own units.

13 October 2011

High Court passes order that workers should vacate factory and
protest outside. Police enters Manesar unit, closes water supply,
canteen, etc. Workers move out and continue protest

17 October 2011

Large public meeting called by workers. Plan to continue with the


protest.

21 October 2011

Strike suddenly ends, 30 workers suspended, including union


president and general secretary, Sonu Gujjar and Shiv Kumar.

30 October 2011

Workers regroup and begin process of forming new union.

November 2011

Management promises to assist them to get union registered


conditionally, provided they do not contact outside unions. Deadline of
31 December 2011 agreed upon.

31 December 2011

Union not registered; management promises that it will be done by 31


January 2012. Management tries to pressurise workers to withdraw
their demand.

31 January 2012

Maruti Suzuki Workers Union registered.

1 March 2012

Registration number of union received. Workers celebrate this.

18 April 2012

Charter of demands of union presented to management. Demands


aimed at reducing work pressure, duration of work, end of incentive
scheme, etc.

May 2012

Two union leaders suspended over an altercation with supervisor over


working conditions. Later in the day reinstated due to workers
collective pressure.

Mid June 2012

Management deducts bonus for 53 days lockout in September 2011,


describing it as a strike.

June-July 2012

Negotiations between workers and management over implementation


of charter of demands. Management refuses, talks break down.

16 July 2012

Workers stop reporting early (for communication or exercise) and


work only for 8.5 hours.

18 July 2012

A supervisor insults a worker named Jiyalal, using a casteist abuse;


the worker is suspended. Negotiations between workers and
management. Presence of bouncers and labour officials. Police called
in. Violence breaks out and HR managers dies. Registration of FIR
(No. 184/2012, P.S. Manesar, Haryana, registered on 18.7.2012 at 11
pm) against union leaders and coordinators 55 named and 500-600
unnamed workers. The FIR charged the accused under Sections147,
148, 149, 452, 302, 307, 436, 323, 332, 353, 427, and 114 of the IPC.

18 July - 2 Aug 2012 Harassment of families of workers, custodial torture, detention,


widespread and random arrests by Haryana police as they try to find
whereabouts of union leaders.
2 August 2012

Union leaders surrender.

August 2012

Workers arrested extensively by the end of the month, over 145


arrested, including several who were not present inside factory
premises on 18 July.

22 August 2012

Maruti Manesar unit reopens. Simultaneously 546 workers


arbitrarily terminated. Others called back and told to report to work
between end August and early September 2012

25 September 2012

Maruti announces steepest wage hike for workers at Manesar and


Gurgaon widely advertised as a 49.25% rise. Wide disparity between
contract and permanent workers

October-Nov 2012

Maruti Manesar forms 20-member Grievance Committee of workers


and management representatives. Union leaders in jail and no union
inside the plant.

Sept 2012 to present Terminated workers organising meetings, appealing to labour court,
trying to agitate for their rights. Some presently employed workers
begin to come for their meetings in Oct-Nov 2012, reprimanded and
intimidated by police and management for doing so. Terminated
workers struggling under the banner of the MSWU, their legally
registered union, are continuously harassed and intimidated by the
Haryana police.
24 January 2013

One of the most active members among the terminated workers, also
a coordinator, Imaan Khan, was arrested and charged with
participating in the incident of 18 July 2012 under the category of
the 500-600 unnamed accused.

CHAPTER TWO

Dehumanisation of Work-force
The years 2011 and 2012 witnessed major
workers unrest and agitation at Marutis
Manesar plants culminating in the July incident
mentioned above. In certain crucial ways, this
has been linked to the organisation of work and
work process at the plants.
If we see the history of labour struggles at
Manesar, high speed of production,
intensification of work emerge as among the
most prominent (Table 2). The Manesar unit
was designed by the company from the outset
to incorporate these elements integrally into its
functioning, and close the possibility of these
labour issues being raised. (See section on
Mechanisation). This structure, design,
employment policy and organisation of
production itself became the context of persistent
labour unrest over the last few years.
INTENSITY AND SPEED OF WORK
During the first 3 years of the existence of
Marutis Manesar unit, 250-300 cars were
produced in a shift. From 2009, the production
was raised to 550-600 cars a shift. The car models
presently being manufactured at Manesar are
AStar, SX4 and Swift Dzire.
One of the distinctive features of all Maruti
plants, which makes the work particularly
strenuous, is the absence of any declared daily
target; the assembly line continues no matter
how many cars are produced. Workers who had
worked in other automobile factories such as
Honda told us that unlike Maruti, they have
fixed daily targets and the assembly line in each
shift stops the minute the target is achieved.
The targets and expected speed of production
were also extremely high. This was one of the
issues taken up by the workers union in 2012.
Prior to that, the assembly line was supposed
to meet the target of one car in every 42 seconds.
Once the union was registered in March 2012,
the pace of work was reduced somewhat to
one car in 50 seconds. High speed production is
not just a feature of the assembly line but also
of the other shops casting, welding, painting,

10

etc. Each shop has to work under pressure to


ensure that the rate of production is kept up.
This feature is not limited to the Manesar
factory but is also characteristic of the Gurgaon
unit. In the Engine Assembly line at Gurgaon
for example, there are presently about 450
workers employed per shift and the speed of
production there is about 1 car engine per
minute, as the output and market demand is
believed to be lower at present. Earlier when
the production had been higher, the expected
speed of production was about 1 car engine per
45 seconds. A worker reported that he used to
do the work of checking 142 parts of a car (more
or less in different cars) in the assembly line in
just 42 seconds. He had complained that it was
too much for him, and once the union was
registered, another worker was sent to assist
him at his station in response to his demand.
Apart from the speed, a relentless and
continuous schedule of work characterises
production at Maruti. Workers have to work in
shifts of eight and a half hours, in which they
get a lunch break of thirty minutes and two tea
breaks of seven minutes each. Once the shift
gets over, the worker cannot leave his station
till the worker from the next shift takes over,
so that the production is not stopped at all.
Significantly, this is actually included as a
clause in the Standing Orders of the Manesar
unit which state that:
Workmen working in one shift shall not
leave their work unless and until they are
relieved by the workmen of succeeding shift.
In any event of workmen for such succeeding
shift failing to report for work, the concerned
workmen on duty shall continue to work in
the said shift. [(Standing Orders, Maruti
Udyog Limited Manesar unit, 2007; Section
9 (8)]
Although the worker who stays beyond his
shift is not compensated for overtime, but half
a days salary of the worker who arrives late
for the next shift is nonetheless deducted.

When the Manesar unit reopened after the


incident of 18 July 2012, the work pressure there
increased even further, primarily because of
shortage of workers. For instance, in a section
where there should be about 20 workers, there
are about 11 and each worker now has to do
more tasks than before. For example a worker
who might earlier had been fixing speakers in
the Maruti Dzire model, would now have to fix
the glow controller and trunk lead harness
routine and also fix the rear bumper clamp. Or
another worker at the paint shop, who might
have been working in a section where there
were 28 stations, would have to perform the
same set of tasks, even though the number of
stations for completing the same work has been
reduced to 24 and the number of workers to
complete the work is only 21. The workers were
particularly stretched because of having to
perform multiple tasks, and were not getting
any reliever even for a few minutes. Thus, even
though the time taken for producing a car,
which was about 42-45 seconds earlier, increased
to about 60 seconds, the work pressure became
more intense.
POLICY ON LEAVE
Another aspect that contributes to the
intensification of the work pressure is the
Maruti managements policy on leave. When
the Manesar unit was started, the workers there
had to regularly work overtime for 2 hours daily,
without any extra payment or compensation.
There were no medical or other benefits and no
paid leave; also no bus facility. Between 2006
and 2011, while issues such as bus facility for
permanent workers, medical benefits and
increase in wages were partially addressed, the
issue of leave remained unaddressed. Until the
earlier union of 2011 took up the issue, workers
effectively had no paid leave. Even subsequently
every leave a worker took meant a percentage
deduction from his salary. If a worker took one
days leave even after informing the supervisor,
then a sum ranging from Rs.1200-Rs.1500
(depending on the salary of the worker) was
deducted from his salary. The amount increased
proportionately for every day of leave taken. If
a worker had to take 4 or 5 days of leave in a

month, even for entirely valid reasons such as


illness, he had to forego effectively about half of
his salary even though he would work for the
rest of the month and even if he would have
informed the company in advance. If he took
leave without informing the supervisor, even
for an emergency, then the deduction was about
double the amount. If he had not informed in
advance he stood to lose about 50% of his
monthly wage (about Rs.9000 for permanent
workers) if he took about two and a half days of
such leave. These wages are deducted from the
incentive-linked part of the workers wages,
discussed in the section on Nature of
Employment, Wages and Promotions below.
The question of leave became an issue in the
workers struggle in another way. Workers are
paid for eight and a half hours of work, even
though the management makes them work for
15 minutes extra at the end of every shift. As
per the managements calculation, this amounts
to 9 days of work in a year by each worker and
hence they promised 9 days of leave in exchange.
However, in a clever ploy, the company, instead
of actually granting leave to the workers,
decided to pay them the basic pay for 9 extra
days in a year. Since the basic pay of the
workers formed a minimal component of their
total pay, this came to only less than Rs.2000.
During their training period, workers did not
even get the extra 9 days of basic pay. This
became an important issue in the unrest over
the last two years.
After the wage settlement of September 2012,
permanent workers have been told that they
will be given 9 days of leave in a year and 3
days of privileged leave. However, these 9 days
of leave also require the companys prior
approval to be granted at its discretion. The
extra 3 days of privileged leave are also not to
be given to the workers directly but adjusted
against their leave deducted during the two
routine maintenance shutdowns in a year (8
days in June and 10 days in December). Earlier
the workers and the company shared the cost
of stopping of work equally. If the plant would
take a shutdown for 18 days, workers would be
paid their salary for only 9 days. Under the

11

Box 2: Human Robots 1


Seat Assembly Operation
Tasks to be completed within the target set
A worker about 26 years old works in what is considered to be the less stressful work of seat
assembly which he has been doing since he joined the plant 5 years ago. Different cars come by on the
conveyor belt and he has to know how to fix the seat in about 30 different models. The following is a
breakdown of the operations he has to complete within the target time limit 36 seconds were set by the
company but due to the workers agitation this had come to about 50 seconds, before the 18 July
incident.
1. Match the number on the body of the car as it comes by on the conveyor belt with the number on the
seat which comes near the workers station on another conveyor belt.
2. Lift the seat, put in the matching car, by holding the lifter lever, putting it under the seat, press the lift
and then press a sensor with the foot so that the seat conveyor moves on and the next seat can come
in place.
3. Fix two points of connection fixing the seat to the car.
4. Lift 4 bolts, one gun and one limit range marker from the tool station.
5. Tighten two bolts in front with the gun.
6. Check the bolts are fixed using the limit range (also called torque range).
7. Mark with red marker to indicate that it is done.
8. Push seat ahead.
9. Shift tools to the back.
10. Tighten two bolts at back with the gun.
11. Check the bolts are fixed using the limit range/ torque range.
12. Mark with red marker to indicate that it is done.
13. Fit in the glow-box (below the dashboard) or the cover for the space (differs from model to model).
14. If the worker is fixing the seat on the drivers side, he also has to fix the steering column cover with
two screws (if it is there in the model).
15. Move on to the next car and next seat. Workers have to work on all the different kinds of models, with
internal variations for grades within the models. Upto about 4 months before 18 July 2012, the
workers who fitted the back seat had to physically lift the heavy seats as the seat conveyor belt
system was not in place then. Each seat weighs at least 20 kg, while seats of certain models, like the
SX 4 were 24 kg.
16. After finishing these operations (fitting in the front or back seat) in one car, the worker moves on to
the next car. He has to continuously carry out these operations, repeating these actions maintaining
speed, for eight and a half hours in a day, every single day.
It is difficult to imagine how so many of these operations can be performed by a worker in 50 seconds,
that too repeatedly for 8hours on a continously moving conveyor belt. Generally the company
managements target would be over 530 cars per shift, which meant that the speed of the line would have
to remain high. Shortfalls were made up by increasing the speed of the line and the conveyor belt.
A worker could also be a reliever. Prior to 18 July 2012, workers had been able to assert themselves
and get one reliever for 20 workers in this section. The reliever had to keep track of a big monitor placed
on one side. Worker at the assembly line had a red and yellow button by their side. They pressed the
yellow button in case of any difficulty, and the reliever had to go there to sort out the problem or relieve
the worker in case he wanted a break. These were displayed on the monitor, along with the particular
stations where the problem had arisen. At any given point there would be more than one problem spot.
The red button could be pressed in the case of emergency, and this was aimed at stopping the conveyor
belt.

12

present settlement, the privileged leave will get


added to the workers share of the leave, and
the workers will be paid salary for 12 days. It is
significant, however, that since the workers
have not actually received a copy of the new
settlement, it remains to be seen exactly how
the leave or other provisions will be
implemented. There is further room for
suspicion because at the time of signing the
settlement, the workers were called in
individually to the HR offices, told to rapidly go
through the 6-7 pages of the settlement
document and sign it. Moreover these provisions
as and when they are made effective, will only
apply to permanent workers.
WORK SCHEDULE
Most shops at the Maruti plant run two shifts
the A Shift from 6.30 am to 4.00 pm, and the
B shift from 4.00 pm to 12.00 midnight. The
paint and weld shops run 3 shifts running
the C shift in the remaining time.
The actual time workers have to spend for
work is effectively much more than the
scheduled eight and a half hours. For instance
the workers staying in and around Gurgaon
town (majority of the permanent workers) have
to leave their homes about 2 hours before the
shift when the buses come to pick them up. In
addition to the extra 15 minutes they have to
work after the shift, workers are also required
to report for work 15 minutes early. This time
is supposedly for them to exercise and for
communication i.e., reporting by the
management about targets and production
related information. The 5-7 minutes physical
exercise, euphemistically termed yoga, has
been advertised by the company as a means to
keep the workers fit and enhance their well
being. However, the brutal and relentless pace
of work makes the workers perceive this as yet
another burden. In fact a few days before 18
July, the workers led by their union had stopped
reporting 15 minutes early, as part of their ongoing negotiations with the management. When
the unit reopened in August 2012, however,
workers were made to restart reporting early
by the company.

The Manesar units Standing Orders are


structurally weighed against the workers. They
incorporate a clause that gives the company the
power to arbitrarily and regularly summon
workers early for work on the pretext of
preliminary work The workmen shall be
liable to report for duty earlier than their
scheduled reporting time if it is necessary on
the part of such workmen to perform certain
preliminary work or the like which is essential
to be performed, prior to the commencement of
their normal shift/work. [Section 9 (9),
Standing Orders, Maruti Udyog Limited,
Manesar unit.] The clause in the Standing
Order of the Manesar unit further states that
the workmen shall not be entitled to raise
objections to this, and comply with the
directions issued by the management in this
regard. When this clause is routinely
implemented and workers are summoned for
work regularly before time, it amounts to a
subversion of the Factory Act, 1948, that the
company is governed by.
As mentioned earlier, the work day of
Maruti workers is interrupted only by a 30
minute break for lunch and two 7 minute
breaks for tea. Going and coming from the
canteen takes about 10 minutes and there are
long queues for lunch. The lunch also becomes
a rushed affair, with workers actually getting
about 10 minutes to somehow finish their food.
There is no time to relax even a little. The same
applies for the tea break. Such is the extent of
dehumanisation that the workers sometimes
cannot even take a break for going to the toilet
when required. The situation was tough even
before 18 July where workers had to wait for
relievers called out by supervisors to go to the
toilet. Things have become significantly tougher
after the reopening of the plant.
The overall deterioration in working
conditions with the growth of privatisation is
evident from the fact that the agreement made
between workers and management after the
first major labour struggle in Maruti in the year
2000 at the Gurgaon unit incorporated two rest
periods of 20 minutes each. These were

13

accommodated as recovery time as mandated


by the ILO norms, apart from the lunch and
tea breaks, and these periods are believed to be
necessary for the workers to move from one set
of operations to another. The management had
conceded this demand at the time, but soon
made a counter offer to workers that if they
were willing to forgo the relief time they would
be paid Rs.700 extra. Almost all the workers
had taken the offer. But subsequently the extra
payment of Rs.700 was withdrawn and thus
workers lost their recovery time. At the
Manesar unit, no such relief time was ever given
even though, peculiarly, there are demarcated
rest areas within the premises.
Prior to 2000, eight hours duty included half
an hours lunch break. The management then
offered to provide free lunch to workers in lieu
of working half an hour extra, i.e, working for
eight and a half hours. Workers accepted this
deal. Subsequently the free lunch was reduced
to 50% subsidy in the cost of a meal in the
canteen. Thus, effectively, though the second
part of the agreement continued, the first part
was withdrawn, making the workers work half
an hour extra and also paying for their lunch.
While the workers are charged for meals only
if they take food in the canteen, the charges for
tea and snacks are deducted from every workers
wages whether or not they had taken them.
NATURE OF EMPLOYMENT, WAGES AND
PROMOTIONS
Workers joined the Maruti Manesar and
Gurgaon plants either as apprentices or directly
as contract workers. Those recruited as
apprentices normally serve as such for one year.
They would be paid a nominal monthly amount,
less than half the salary of the contract worker,
and a large proportion of this amount is linked
to the workers attendance. After this if the
apprentice wanted to work for the company, he
could apply to the supervisor with all his
documents, certificates, etc. The supervisor
would then check his record focusing
particularly on his behaviour i.e., whether
or not he had complained or asked questions,
or come late, etc. In case his record was clear,

14

the supervisor would submit the apprentices


documents to one of the contractors, who would
then employ him as a contract worker. The
workers status alone would change, though his
work remained the same.
After working for a few years, the contract
worker could try to become a permanent
employee of the company. This would be a longdrawn-out process, even if the workers past
record was approved by the supervisor and the
worker was not regarded as a troublemaker.
Not every contract worker would be absorbed
as a permanent one in the company. To become
permanent, they would be first made trainees
even though they might know the tasks to be
done and would have worked at the same job as
apprentices and contract workers.
After serving as a technical trainee (TT as
per the earlier nomenclature), the worker would
reach L1 (Level 1), the first stage as permanent
worker, where he would remain for 3-5 years.
He would then gets promoted to L2. After
spending another 3-5 years at this stage, he
would proceed to L3. And similarly, after a few
years at this stage, he would move to the L4
and L5 stages. At these higher stages, he would
have to spend a few more years (about 4-5 at
each level). Among some of the important
criteria for promotion at each level were good
behaviour and 95% attendance.
Prior to 18 July 2012, the period of training
was 3 years and one of the demands of the labour
struggle had been to reduce this to 2 years. The
new settlement after the reopening of the plant
ostensibly concedes the earlier demand of the
workers union of reducing the training period
from 3 to 2 years. While the route taken by
workers till the trainee stage remains the same,
the company has announced that those who
become permanent workers will initially be
Company Trainees (CT) and work as such for
two years in the categories CT I and CT II. After
this they would be promoted to the post of MA
(Maruti Associate) I and then to MA II, and MA
III after working for a fixed tenure of 3 years at
each level. The attendance requirement remains
the same as earlier, i.e., for promotion from MA

I to MA III, 95% attendance is necessary.


Earlier after three years of training, workers
were directly promoted to the wage and work
level equivalent to the Maruti Associate III of
the new scheme. Now with the 3 stages of the
post of Maruti Associate clearly delineated (MA
I, II and III), a new trainee will take 5 years
more to reach the level of MA III. However, the
implementation of this scheme can be analysed
only after a fresh batch of trainees is recruited
and the workers apply for permanent job in the
plant.
Much of the new arrangement and
promotion scheme remains theoretical.
Currently, the only grades of permanent
workers present on the shop-floor at the
Manesar unit are those employed before 18 July
2012 and called back to work at the unit in
August 2012. All of these workers who had
previously completed more than three years in
the factory and had reached MA III grade. It
is this category of apparently about 600-700
workers who have been given the much
advertised pay-hike of September 2012.
It seems that the rest of the wokrforce, after
the incident comprises of fresh ITI apprentices,
short term casual workers and helpers. Many
of the new recruits are strategically chosen form
outside the state. It appears that the company
is now employing casual workers directly
instead of hiring them through the contractors
as was done earlier. These casual workers,
numbering only about 240, are paid a
somewhat higher salary, about Rs. 12000 per
month as compared to Rs. 8000-9000 paid to
the earlier contract workers. Some of the earlier
contract workers have been absorbed in this
category. About 800 workers, the largest
category are employed as helpers. These seem
to be non-ITI workers who are being deployed
on the shopfloor in a number of operations. The
helpers are employed through the contractors
and get about Rs. 8000 per month, compared to
the Rs. 6000 per month that workers in this
category used to earlier get. After the incident,
the company had announced that it will
regularise the contract workers, but the scene

on the ground seems to be completely different.


As mentioned earlier the pay structure of
even the permanent workers was and continues
to remain highly exploitative in nature. It has
a variable and a fixed element. The variable
element is linked to the so called ProductionPerformance-Rewards Scheme (PPRS) and
constitutes about 50% of the salary. This portion
of the wages is changeable as it is linked
integrally to the workers leave record, the main
parameter of measuring performance. This
constitutes the major part of the workers wages
in the older as well as newer wage structure. It
was from this component of the salary that the
deductions on account of their taking leave,
(mentioned above in the section on Policy on
Leave) were made. In the aftermath of the 18
July incident, the Maruti management, in order
to indicate its willingness to address workers
grievances, announced a pay-revision in
September 2012, with considerable fan-fare.
Prior to this period, the permanent workers in
different work processes, who had worked for
about 4 years, would get a gross pay of Rs.18,000
per month. After the pay hike the same workers
would now get close to Rs.30,000. While this
could be seen as a remarkable increase, a closer
analysis of the old and new pay scales reveals
that the effective increase is nominal (See Box
3).
Also the most significant commonality
between the old and new norms of payment of
wages is the fact that a considerable proportion
of wage received by different categories of
workers is still linked to performance based
incentives and attendance records. Thus the
wage structure and manner of disbursing wages,
before and after the wage hike, continue to work
to regulate and control workers, ensuring their
presence at their stations and engagement in
work on the shop-floors, day after day.
CONTRACT WORKERS
Using temporary and contract labour for
regular production is not an exception but a
norm in Maruti. According to the Contract
Labour (Regulation and Abolition) Act, 1970,
and Contract Labour (Regulation and Abolition)

15

Central Rules, 1971, it is illegal to employ


contract labour where work is perennial and
must go on from day to day, where the work is
necessary for the work of the factory, and where
the work is sufficient to employ considerable
number of whole time workmen. Officially,
about 40% of the total 9100 workers at the
Maruti plants are temporary or contract
workers. The actual proportion of contract
workers at any time has always been greater.
Thus, according to statistics compiled by the
labour department of the district, there were

1054 regular or permanent workers (Maruti


Associates), 416 Technical Trainees and 225
Apprentices and 2600 employed contractually
at the Manesar unit, prior to the 18 July 2012
incident. The number of Staff Supervisors in
the plant was 800 (Figures compiled in 2012
by DLC, Gurgaon, JP Mann). Thus less than
25% of the workers were permanent at the
Manesar unit on the eve of the incident. The
Gurgaon unit also relied substantially on
contract labour, though the proportion was less
than in Manesar while about 1800 to 2000

Box 3 : The Illusion of Pay Revision the reality of the salary-hike


Pay revision was one of the demands of the workers union for a long time. The Maruti management
had implemented a wage revision in its Gurgaon factory. They wanted to push through the same wage
agreement at the Manesar unit, a move
which the workers there were vehemently Salary Component
Salary (in Rs.)
opposing. However, after the July 2012
Pre-Revision After Revision
incident, the management succeeded in
5150
8050
bringing about this particular scheme of Basic Pay
133
pay revision in the Manesar unit too. Variable DA
While announcing this wage agreement HRA
1600
2200
on 22 September 2012, the management
260
2000
made huge claims in the media about the Uniform Maintenance
250
1350
unprecedented scale of this wage hike. The Fixed DA
details of the component wise hike in the Child Education Allowance
200
200
salary of a sample worker is given in the
Shift Allowance
525
250
Table.
Conveyance Allowance
1775
2000
From the Table it seems that the wages
583
559
have gone up by 64 % (from Rs.19,253 to Special Allowance
Rs.31,501). But the reality is very different. Production Performance Reward 8910
9350
The management played a trick in the last Additional Settlement Benefit
2000
two components. These incentives are a
3409
share of the profits earned from the sale PPRS (In house spares )
of original Maruti spare parts, however TOTAL
19253
31501
nominal, these were part of workers
wages earlier also. They were earlier paid annually, and are now split and merged into the monthly
wages, so that the latter appear inflated. If we ignore these components, i.e., Rs.5409 (Rs 2000+Rs
3409), the salary has gone up only 35 % (from Rs.19,253 to Rs.26,092). Moreover, by making the
incentives part of monthly pay, the management has put an indirect cap on these. Both these amounts
were earlier variable and expected to rise every year with the companys growing profits. By converting
this component into a fixed amount given with monthly wages, the new settlement inflates the monthly
wage, but effectively deprives the workers of even the miniscule share in the growing profits of the
company that they previously had. Since this wage settlement is of three years duration, the incentive
amount will remain unchanged even though profits of the company are expected to increase in the
same period. Additionally this amount has also been linked to the attendance and leave record. If a
worker is absent for more than six days in a quarter he will not get any of these payments.

16

workers were employed on contract in the plant,


there were about 2713 apprentices and regular
(permanent workers).
Significantly, contract workers are paid on
a daily wage basis i.e. they get paid for 26 days
in a month and dont get paid for the weekly
leave on four Sundays. The fact that some
workers have been on contractual jobs, for a
decade or more, and several thousands have
been contractually employed for four years or
more, shows that these workers are deliberately
retained as permanently temporary workers,
in clear violation of law and labour rights.
The wage gap between regular and
contractual workers is striking and has become
more so after the recent pay revision. Earlier, a
permanent worker would get a salary of about
Rs.17,000 per month and the additional annual
incentive of about Rs.65,000 while a temporary
worker got about Rs.9000 per month for the
same work. After the wage-hike, permanent
workers now get about Rs.29,000-Rs 30,000 per
month while contract workers (helpers) get
about Rs.8000 and the newer category of causal
workers are getting around Rs. 12000. On the
shop-floor, the only difference between regular
workers and the contract workers are their
uniforms and the pay that they get. Apart from
the sheer expansion in profits resulting from
employing temporary workers and saving on
wage cost, the fact that these workers are more
vulnerable, easily controlled and not part of the
unions is included in the calculation made by
the company in maintaining such a high
percentage of temporary workers.
Contract workers would arrive at the shopfloor by different routes. A small number of the
contract workers joined the plant as
apprentices. As mentioned earlier, after working
as apprentice, a worker on his road to becoming
permanent, would have to first apply for a
contractual appointment which he might or
might not have got.
Different companies of contractors operate
in different shops. Thus while a company
called Tirupati headed by Rakesh, a
contractor, supplies workers in the weld-shop,

another company called GS (after the contractor


Gulab Singh) operates in the logistics
department. Other contract companies are
Sharda, VGR, FMEW etc. most of which have
been supplying contract workers for over a
decade or more to Maruti.
The majority of the contract workers directly
approach the contractors for employment, often
through the recommendation of their relatives
or friends already employed in the plant. Certain
sections of the plants, for instance the assembly,
welding, painting shops, presently employ the
maximum number of contract workers.Till
recently the contract workers in different
departments were mostly ITI trained. The
department where they earlier employed non
ITI workers was for loading and unloading and
carrying equipment from one place to another.
These workers were paid much less. However,
if there was shortage of staff, even these workers
were put to work on the assembly line. In the
present scenario it appears that the proportion
of such (non ITI) workers among the contract
workers is higher.
At the time of appointment, contract
workers are not given any letter, but only
verbally informed about their appointment. The
contract is not time-bound, and the workers can
be and are thrown out when production is slow,
or if their behaviour is considered obstructive
by the supervisors. As discussed earlier, only
about 600-700 of the workers reabsorbed into
the Manesar unit in August are employed in
the permanent category, while the remaining
workers are employed either as casual
company employees or on contractual workers
recruited through contractors. In the initial
months after the plant reopened, there was an
acute crisis in labour. Thus, for instance, in a
shop-line where 60 workers are supposed to
work in one shift, about 45-50 contract workers
had to do all the work.
Apart from this continuing state of
vulnerability of contract workers, intentionally
created and carefully maintained and the
differnce in their wages as compared to those of
permanent workers, there also is a difference
in the leave conditions. Contract workers were

17

entitled to two days of leave in three months. If


they took extra leave, say three or four days in
three months, even after informing and taking
permission from the supervisor, they lost the
entire incentive linked pay (Rs 1950) in one
month.
When the Manesar plant started, the
company only employed permanent workers,
retaining them as trainees. They were kept as
trainees long after they had learnt the work.
Trainees have also, in the past, been fired during
the training period if they misbehaved. The
trainees were paid less than the contract
workers. In 2007 they first brought in some
contract workers and in 2008 they did not admit
any new permanent workers, but employed only
contract workers. The emphasis on ensuring
that the majority of the workers were
contractual, or trainees and apprentices, has
thus been an old policy at Maruti particularly
manifested at the Manesar unit. The unit was
designed to be an exta efficient one from the
outset, where the company authorities tried
hard to foreclose the possibilities of any labour
struggles.
Another set of problems contract workers
had been facing particularly were related to their
places of residence. Prior to 18 July 2012 the
contract workers at the Manesar unit were not
entitled to bus facilities, and had to therefore
stay close by, in shared rented rooms in villages
like Aliyar near the plant. One of the regular
problems they would face was that since they
(unlike the permanent workers) were paid in
cash, and the date when wages were paid was
widely known, workers would be attacked as
they returned to their rented rooms in the
village, and robbed of their salary. The provision
of bus services for contract workers has been
one of the changes announced by the company
in September 2012. Contract workers
subsequently began living at more affordable
accommodation, closer to friends and families,
at Gurgaon town for instance. Even though the
company had announced that it would raise the
the contract workers wages, this was not done.
One of the implications of this announcement
was that landlords in Gurgaon hiked up the

18

rents for accomodation, in anticipation of a wage


raise that has not arrived.
The large scale employment of contractual
labour at the Maruti plants has maximised the
profits of the company. The policy of ensuring
that workers were kept as trainees long after
they had learnt the work, and presently
characterising them as helpers when they
handle complete responsibility have further
contributed to the savings of the company as
they were paid lower wages. In fact, this could
be an important reason behind the fact that
Marutis employee costs (including that of the
management staff and workers), are
significantly lower than other automobile
companies, both in absolute terms and as a
percentage of the net sales. (Business Standard,
New Delhi, 27 September 2012).
Contract workers are also significantly
more vulnerable, and their position is distinctly
more precarious on the shop-floor, making it
easy for the management to control, regulate
and retrench them at will. The fact that none
of the contract workers got appointment letters
that specified the terms of employment can be
seen as one of the violations of the Contract
Labour Act. The official union MUKU that is
favoured by the management at the Gurgaon
unit did not take up the issues of contract
workers. Permanent workers with much higher
wages and better terms of employment and at
least some rights alone are members of the
union and only their interests are represented
there.
What had been strikingly different about the
Manesar unit was the emergence of a union that
took up the contract and casual workers issues
and even demanded the end of contract labour
in its charter of demands.While there is a
difference between the permanent and contract
workers in terms of actual pay and terms of
employment, the overall pressure of work was
uniformly high and the wages of all workers
were variable and tied to attendance and
incentives. This meant that compared to the
earlier context or other industries, the degree
of difference in the actual work and the
experience of the work was perhaps relatively

limited. Moreover the permanent and contract


workers often shared living space and built
alliances outside the shop-floor. The workers
collective subjection to these similar forms of
exploitation and living perhaps built some bases
for unity in the struggle waged together by
permanent and contract workers in the
Manesar unit.
TRAINING AND SKILL DEVELOPMENT
When workers join the Maruti plants, with an
ITI qualification, as apprentices, trainees or
contract workers, they are put to work in
different departments. All of them learn the
work directly on the shop-floor. No training is
actually given during the training period. There
is, in practice, little difference between the work
done by different categories of workers, or
between the nature of work of casual workers,
apprentices or trainees and permanent workers.
For instance, apprentices do full time work
instead of combining work with study and
training. They also cannot follow the restrictions
regarding the hours of work and against lifting
heavy weights which are specified the Apprentice
Act. Workers, who have been employed at
Maruti for several years, rue the fact that many
of them, especially those who are employed in
the assembly lines, do not learn any work or
skill, which could help them to find employment
in other factories or industries. Workers in
certain processes like the casting shop, where
they might learn to operate the milling
machine, have some chance of learning a skill,
while others do not have this opportunity.
Workers are generally simply assigned to
one station and are supposed to work there and
sometimes expected to continue at the same
station, doing the same work, for years, even
though they might become permanent workers.
There is no conscious effort to shift workers from
one station to another so that they could learn
variety of tasks. Ironically, engineers who join
Maruti, and primarily do office work, collecting,
collating data, and checking the quality of spare
parts supplied to Maruti by its many vendors,
are given training in different operations, while
worker-operatives who actually do the work are

denied such experience. Doing the same


operation at the same station for years, resulting
in a mind-numbing monotony which the
workers hate. One worker we met had worked
at the same station on an assembly line for 8
years from the time he joined to well after he
had become permanent. He was finally shifted
to another station when he complained about
this to his supervisor after becoming
permanent.
Another aspect of training that is made a
mockery of, is the so-called safety training. All
workers who join are supposed to be given 15
days of safety training. This is by and large
ignored. In rare cases, some workers are given
this kind of safety training for 2 days. Most
other workers are simply made to sign a form
by their supervisors stating that their training
had been completed. Given the safety hazards
faced by workers on the shop-floor while
handling inflammable materials and dangerous
machines, the companys casual attitude
towards workers safety, fuelled by the objective
of meeting ever increasing production targets
has potentially dangerous implications.
MECHANISATION
Marutis Manesar unit had from the outset been
designed as a largely mechanised one. One of
the objectives was to avoid the problems of the
other Maruti units like the labour resistance
at the Gurgaon unit. The former M.D., R.C.
Bhargava, wrote about this in his book, The
Maruti Story A new site was needed for future
expansion and Manesar was selected [...] SMC
[Suzuki Motor Corporation] wanted this plant
to be very similar to the plant in Kosai, Japan,
so that there could be a high level of automation,
and the best SMC practice could be established
here from the start. Suzuki did not want this
plant to become an extension of the Gurgaon
unit, which had been built over twenty years
and had much more manual operations. He
wanted the plants at Gurgaon and Manesar to
compete with each other in areas like
productivity and quality, with each being a
benchmark for the other. A new employment
policy was adopted at Manesar at the point of

19

entry, no worker older than 23 years was to be


employed. The plant also aimed to have 90%
mechanisation, with a high proportion of the
work especially in sections like the paint and
weld-shops being done by robots. In these highly
mechanised sections, ten workers were
supposed to be replaced by a single robot.
Workers felt even more vulnerable when the
more mechanised B-plant of Manesar was set
up in September 2011 and the loyal workers
who were hired by the company during the
lockout in 2011, were placed there, in the wake
of the labour struggles led by A plant workers.
Prior to opening of the B-plant, and the labour
struggle of 2011, work-pressure in the A-plant
shop-lines had reached a peak of intensity. In
the weld-shop for instance, the number of workstations had steadily got reduced from 16 in 2006
to just 4 in June 2011. After the B-plant was
established, the load of work on the workers in
the A-plant who weld manually had come down.
Where workers initially operated three handwelding tools, now one worker operated only one.
At the same time weld-shop workers in the Aplant face the constant possibility, visible and
at an arms distance of being replaced by
machines. The companys decision to invest in
expensive machinery, and ensure its
maintenance, when manual labour is cheaply
available has also got to be seen in the context
of the managements efforts to keep workers
under control.
Workers report that the work-load in the Bplant was significantly higher than in the other
plant. The machines have to be continuously
operated and maintained by the workers.
Moreover the numbers of workers per line are
lower, making it necessary for each worker to
complete several tasks simultaneously,
including operating machines. Poorly paid
manual labour is employed for certain kinds of
tasks and used alongside robots. The situation
in the paint shop in the B-plant illustrated this
while 12 painting robots would work on one
side, workers would carry 25 kgs headloads of
used screens two flights of stairs up and return
with a 30 kgs load of clean screens. Each worker
would have to carry 70-80 screens up and down

20

the stairs, working an extra hour without any


overtime payment, if the job was not done by
the end of the shift.
Another aspect of mechanisation visible in
Manesar is that the proportion of temporary
workers is invariably higher in the more
automated processes. This is most clearly visible
in the weld-shop. In the situation prior to 18
July 2012, in the weld-shop in the A-plant,
around 25% of the workers were permanent,
10% were trainees, 10 % were apprentices and
55% were hired through contractors. In the Bplant weld-shop, with much higher automation,
only10 % of workers were permanent and 70 %
were contractual. It must be noted however that
although the B-plant was strategically designed
to counter the labour militancy of workers in
the A-plant, several workers of the B-plant have
been indicted and terminated by the company
for the 18 July 2012 incident as well. (Gurgaon
Workers News No. 51)
The companys policy of increasing
automation however continues subsequent to
the events of July 2012. In September 2012, the
chief operating officer of the plant MM Singh
announced that the company has started
mechanising certain processes in Manesars Aplant. We have already started the process at
Manesars first plant to take automation to the
maximum possible 99% level, where the press
and weld operations would be on par with the
second (manufacturing) facility.
The press-shop is the section where steel
sheets are moulded into door frames and then
passed onto the weld shop to hinge them onto
the body of the vehicle. The company
management has stated that it will add another
50-100 new robots in the older plant at Manesar
to increase automation to 99% from the current
90%. They however did not state by when this
process would be completed. (The Economic
Times, 3-9-12)
Mechanisation has thus not only been a
means of increasing productivity, lowering
labour costs and thus increasing profits, but
also a strategy deployed to control workers,
ensuring their continuously precarious position

on the shop-floor.
SUPERVISORS, MANAGEMENT, WORKERS
The incident that triggered the events of 18 July
2012 involved an altercation and conflict
between a worker and a supervisor. Increase in
tensions in shop-floor relations, particularly
between supervisors and workers is an
inseparable part of the ongoing intensification
of the work regime. Each shop-line in the
Maruti plants has a supervisor. The supervisor
is responsible for ensuring that the targets are
met on the shop-floor and implementing other
decisions of the management. Not surprisingly,
therefore, the supervisors are generally not in
workers favour.
Supervisors are recruited in Maruti through
two routes those who come with diplomas from
outside (for instance a three year Diploma in
Mechanical Engineering (DME) or Diploma in
Automobile Engineering (DAE)), and are
directly recruited; and secondly, those who have
been promoted from the ranks of workers in
the Gurgaon unit. According to workers we met,
the second category of supervisors is drawn

exclusively from those workers who had helped


the management to break the strike in the year
2000. The workers felt that this second category
of supervisors were harsher in their dealings
with them.
According to the workers when the plant was
reopened in August 2012, the work-atmosphere
was particularly tense in the initial weeks.
Supervisors would go after the workers if they
happened to take a longer than usual toilet
break. Till the end of October, 2012, there was
no phone network inside the plant, preventing
workers from talking to each other or anyone
else. Supervisors also took workers severely to
task for being in touch with the terminated
workers in any way. Permanent workers who
attended meetings organised by the terminated
workers on Sundays, were also hauled up by
the supervisors, indicating the high degree of
surveillance by the management over their
movements.
It is in order to resist these exploitative working
conditions that workers at Marutis Manesar
unit have been trying to organise themselves
and form an independent union.

Box 4: Human Robot -2


Block line in the Engine Shop
Tasks to be completed in 46 to 52 seconds
The following tasks are completed by a worker in one of the Block line in Engine Shop in Gurgaon unit
within 46 seconds to 52 seconds, depending on the target.
(1) Get the housing and sealant for the engine block.
(2) Place the housing on top of the engine block (as it comes up on the conveyor belt in front of the
worker).
(3) Place 6 bolts between the block and the housing. These are tightened mechanically.
(4) Torque 6 bolts.
(5) Mark them as done.
(6) Place the baffle plate stud in the space made for it in the engine block.
(7) Move the block with a pedal.
(8) Place the oil scan jet on top of the engine block.
(9) With three blows of the hammer push it in into the appropriate space.
(10) Fix two water pumps by attaching and tightening them on the grooves made for them.
(11) Lift the piston gauge.
(12) Match the block and piston gauge.
(13) If the two match then let the belt move the block ahead.
In case they do not match and the bearing of the piston gauge does not fit, the block cannot be moved
forward until this problem is fixed by another worker.

21

CHAPTER THREE

The Struggle
The central focus of the labour struggle at
Maruti over the last two years has been the
demand of workers for a genuinely independent
union, one that would address the particular
and general issues of their workplace, the workprocess, the impossible targets and the resultant
everyday violation of their rights by the
management. Prior to mid-2011, workers of the
Maruti Manesar unit were represented by the
Maruti Udyog Kamgar Union (MUKU). This
union was floated and largely controlled by the
management, since 2000. No elections had been
held for the union since then. In 2010, as the
demand for an independent union gathered
momentum at the Manesar unit, the
management announced union elections.
Elections were held on 16 July 2010. A majority
of workers at Manesar boycotted the elections,
maintaining their demand for an independent
union, because they strongly felt that MUKU
would not take up their issues.
On 3 June, 2011, workers submitted an
application to the Labour Commissioners office
in Chandigarh for registration of their own
union. Next day, the management started
pressurising workers to sign an undertaking
stating that they were part of the older union
and were satisfied with it. They were able to
obtain signatures of about 10% of the workers.
The rest of the workers refused to sign the
undertaking and went on a sit-in strike inside
the Manesar unit from 4 June 2011. Workers
from all three shifts joined in. The management
immediately hired goons to intimidate the
striking workers and disconnected the drinking
water supply inside the factory. The workers
continued their protest nevertheless.
Apart from recognition of their union, the
Maruti Suzuki Employees Union, one of the
main demands of the workers was to absorb
the apprentices and contract workers working
in plant A of Manesar unit for many years as
permanent workers into the newly constructed
plant B, instead of appointing new contract
workers. On 6 June 2011, eleven workers were

22

terminated by the company. The strike


continued for 13 days, during which about 2000
workers sat inside the plant in protest. On 17
June 2011, an agreement was finally reached
between the management and workers in the
presence of the Haryana Labour Minister. The
11 terminated workers were taken back and
the workers were given a verbal assurance that
the labour department would probe and take a
decision about the registration of a new union.
However in July 2011 itself, four workers
were again terminated and six workers
suspended on the pretext of indiscipline and
negligence. Workers protested by laying down
tools. On another occasion in the same month,
some contract workers demanded a lessening
of their work load. When the line manager
abused one of these workers the rest of the
workers on the line supported the worker, and
the line manager was forced to apologise to him.
On 14 August 2011, the labour department
dismissed the workers demand for registration
of a new union stating technical grounds that
the workers had gone on strike on the day after
they had submitted their application for
registration of a new union, i.e., before their
new union was officially recognised. Their strike
was deemed illegal and their demand to form a
union struck down consequently.
Meanwhile the management had still not
withdrawn the suspensions of the workers, and
continued to hire new contract workers from
ITIs. By 24 August 2011, 4 more workers were
suspended. On the night of 28 August 2011,
more than 300 policemen entered the factory
and stationed themselves there.
By the next morning the management had
sealed the gates of the plant, and imposed a
condition that only those workers who signed a
good conduct undertaking could enter the
plant. The bond required workers to adopt good
conduct on the shop-floor this included their
undertaking to never take part in agitational
forms like go-slows, nor sabotage the work in

any way. It also prohibited them from singing


during work, and ordered them to shave
regularly when reporting for work and so on.
The bond stated that the Maruti workers
services could be terminated without notice if
he participated in any kind of protest activities.
This effectively amounted to an undeclared lockout by the company. By making the workers
sign a good conduct undertaking the company
was effectively taking away their right to
unionise and their legal right to strike.
The majority of workers refused to sign the
good conduct undertaking, while about 20
workers signed it. Tension was palpable as
management barricaded the company and called
in both bouncers and police. As has been
mentioned from June 2011 onwards, the
management had terminated and suspended a
number of permanent workers and laid off
several contract workers. By mid-September
2011, fifty seven workers had been suspended
or terminated on various grounds.
Throughout this period the police harassed
the union members repeatedly, even as they
were meeting the management for negotiations.
On the night of 18 September, the Gurgaon
police picked up the President Sonu Gujjar,
General Secretary Shiv Kumar and Ravinder,
a worker, as soon as they came out of the
meeting with Maruti Suzuki and labour
department officials. It appeared that talks had
broken down that night, when the management
refused to take back the dismissed and
suspended workers.
The police were clearly acting to abet the
management and the union leaders were
arrested because the talks had failed. While
there was a pending FIR against Ravinder
alleging his involvement in a case of scuffle with
some supervisors, there was no case against
Sonu Gujjar and Shiv Kumar.
During this period of the lockout, the
company had also been continuously hiring
workers to replace the older workers and
increase the size of work-force on the shop-floor.
Between the end of August and early October,
while workers were protesting outside the plant,

the number of workers inside the plant grew to


about 1300, of which 800 were newly hired
contract workers.
Workers continued their protest on a daily
basis, gathering at the gate every day in two
shifts for the entire month of September. The
Maruti workers were supported in their struggle
by other factory workers in the Gurgaon
industrial belt. On 1 September 2011 for
instance, over 6000 workers from the area
joined the protest at the Manesar unit. Unions
of several other Suzuki enterprises such as
Suzuki Power Train India Ltd. and Suzuki
Motorcycle India Pvt. Ltd. went on strike again
on 14 September 2011 to support the Maruti
workers. On 17 September 2011, the Haryana
police arrested 3 union leaders and released
them the next day on bail. There was also
pressure from leaders of central trade unions
on the Maruti workers to withdraw the strike
and arrive at a settlement with the
management. On 30 September 2011 the
lockout ended and a settlement was reached
between the management and workers. The
workers agreed to sign the good conduct
undertaking and the company agreed to convert
the 44 terminations imposed on workers into
suspensions. It agreed to also take back 18
trainees it had thrown out.
However on 3 October 2011, when
production was supposed to resume and workers
reported for duty, only the permanent workers
were allowed to enter the factory, and more than
1100 contract workers were denied entry by the
management. Management also shifted
permanent workers from one shift to another
and into different departments and workstations, which caused further discontentment.
About 100 contract workers of Maruti left after
taking their final dues over the next few days.
The contract workers also tried to pressurise
the management, the labour officials as well as
their fellow permanent workers to take up their
issue. Both the management and the labour
department ignored the workers complaints.
When no positive outcome seemed forthcoming,
workers began a sit-in from 7 October 2011,

23

once again occupying the plant as they had in


June. Over eleven unions joined them in the
sit-in and occupied their units. These
companies included Suzuki Power Train, Suzuki
Motorcycle, Suzuki Casting, Satyam Auto, Bajaj
Motors and others. The Maruti workers main
demands this time were that the contract
workers who had been thrown out should be
taken back and the bus service of the company,
which had been suspended abruptly in early
October 2011, should be re-started.
The management and Haryana government
combined forces and tried different tactics to
derail this agitation, while workers in other
factories in the area continued to show their
solidarity for the Maruti workers and carried
out solidarity strikes. On 13 October 2011, the
High Court passed an order to get the workers
out of factory premises and give them another
place to assemble and protest. The police now
entered the Maruti Manesar unit, closed down
the canteen, water supply and toilets inside.
There was yet another order to keep 12000 police
personnel on standby. Workers decided to end
the occupation and moved outside, where they
continued their strike. Central trade unions and
labour department allegedly pressurised the
new union to arrive at a compromise with the
management. The Maruti Manesar unit and
other factories where workers had carried out
occupations were gradually vacated. A large
meeting was called by workers of the area on
17 October 2011. The strike at Maruti Suzuki
and other Suzuki plants ended on 21 October
2011. There was a quick succession of events
leading finally to the media announcing that
two of the main leaders of the new workers union
that had been leading the strike had been bought
off by the management.
At the end of a prolonged and continuous
session of negotiations, the management agreed
to reinstate 64 permanent workers who had
been suspended while 30 of the suspended
remained so, resigned from their jobs, and took
full and final settlement from the company.
These included the president and general
secretary of the still unrecognised MSEU. All

24

those who resigned received sums of Rs.16 lakh


each or more from the company which the
company claimed were their legal dues. The
company agreed to take back over 1100
contract workers whom it had not allowed in
earlier. They also promised that the bus service
would be resumed. Yet on the crucial matter of
granting recognition to the workers independent
union, the company remained steadfast in its
outright refusal. It only offered to set up a
grievance committee and labour welfare
committee with equal representation from the
management and the workers. It permitted the
inclusion of a labour officer from the state
government as part of the committee.
The compromise that the Maruti-Suzuki
management, Gurgaon administration and local
police reached with leaders of the struggle in
2011 made it appear that the struggle had been
put to rest, at least for the time being. Yet within
a few days of the resumption of production at
the Maruti Manesar unit, by 30 October itself,
the workers once again regrouped and began
efforts to get their union registered and
recognised.
One of the main setbacks they faced was that
the Haryana labour department again refused
to grant registration to the new union on the
technical grounds mentioned earlier.
In an effort to prevent recurrence of what
had happened, the management then told the
workers that they would help them get their
union registered by 30 December 2011, but on
the condition that the workers would not contact
any outside union or federation. Yet the end of
the year passed, and nothing was done by then.
Restive and angry workers threatened the
management and gave an ultimatum
demanding that they fulfill their promise
immediately. The management asked for one
more month till 30 January 2012 and
assured the workers that they would help them
get their union registered. During this period,
workers
report
that
management
representatives of Maruti Udyog Limited
including Managing Director and CEO Mr.
Nakanishi and Senior Managing Executive

Officer, M.M. Singh, met active and vocal


workers, the union coordinators among the
workers, and tried to pressurise them to
withdraw from their demand of forming a union.
Workers, however, remained firm in their
determination to have an independent registered
union. The management further tried to drive
a wedge between the contractual, trainee and
permanent workers. This strategy too appeared
to fail at the Manesar unit in Maruti, even
though it had been successfully tried elsewhere.
On 30 January, 2012 the workers were
assured that their union was registered though
they eventually got the registration number only
on 1 March 2012. The workers, most of them
young men, celebrated this with a big party and
danced to music arranged by a DJ. Workers
from Suzuki Powertrain and Suzuki
Motorcycles companies also joined them in these
celebrations. The union that was formed had
12 office bearers and was called the Maruti
Suzuki Workers Union [the MSWU, Industrial
Model Township (IMT) Manesar, with the Union
Registration Number RTU/IR-II/2/12/1923].
Given their experience of union leaders coming
under pressure and buckling down before the
management, the workers had devised the
system of coordinators as a sort of structural
safeguard against any future sellout by union
members. This system was already in place,
even before the union got officially registered.
By the time of the 18 July 2012 incident, there
were 95 coordinators, with one or two
coordinators in each shop-line. The
coordinators work was to facilitate
communication between the union and workers.
They would communicate the workers concerns
with the union and in turn relay union decisions
and developments back to the workers. Each
coordinator thus represented approximately 30
workers.
After the registration however, the union
coordinators were pressurised by the
management against presenting their Charter
of Demands, by stating that they would fulfill
their demands very soon. When over a month
passed and none of the demands had been

fulfilled, the workers mounted pressure on their


representatives, the union leaders and
coordinators, and the Charter of Demands was
finally presented to the company on 18 April
2012. The main demands of the workers listed
in the Charter were:
y Reduction in workload.
y Increase in the number of workers in each
production line.
y Increase in the number of authorised days
of leave.
y Working hours be restricted to eight and
half hours only, including a thirty minute
lunch break.
y Increase in the wages of all workers
including contract workers and stipend
of apprentices. The workers sought to
link bonuses with the numbers of cars
produced to reduce the emphasis on the
PPRS.
y End of contract system, make contract
workers permanent.
y End practice of workers having to report
for duty 15 30 minutes earlier.
y Reduce the training period to 1 year.
y Increase the school fee allowance for
workers children from Rs.200 per month
to actual school fees for relatively better
(private) schools DPS, DAV etc.
y Demand for a variable DA per
government scale instead of fixed DA
for Rs.350.
y End the incentive scheme.
y Bus facility for all workers.
y Workers to be allowed medical facilities
for dependent parents even if they did not
have a Gurgaon ration card.
The management however did not act upon
this Charter of Demands. On the contrary they
tried different ways of curbing the activities of
the union. The practice of allowing union leaders
of other companies to enter factory premises to
meet Maruti union members was disallowed
and security guards were instructed to not allow
members of the Maruti union to receive or meet
members of other unions. No measures were

25

taken to regularise contract workers one of


the main demands in the workers charter.
The union leadership was under pressure
from workers as well as the management. In
mid-May 2012, the Maruti Suzuki Workers
Union president got into a direct altercation with
the management and according to reports,
physical confrontation took place in the final
assembly section, over the lack of cooling system
in one part of the plant despite the workers
repeated demand for it. The management
suspended Ram Mehar, the union President
and Ram Vilas, a union member. They later
withdrew the suspension when the workers
coordinators committee held a meeting and
gave them an ultimatum and refused to accept
the suspension letter.
In mid-June when the management declared
that it would deduct the bonus for the 53 days
of strike in 2011 which was in fact a lockout,
the union agreed after protesting initially.
Several rounds of talks and negotiations had
been going on between workers and
management since May 2012, over the
implementation of the Charter of Demands of
the Union. The last round of talks before the 18
July incident had been completed on 14 July.
Each of these had been inconclusive with the
management refusing to talk about several
issues including the wages and conditions of
work of the trainees, apprentices and contract
workers. After this last failed round of talks,
the management took a strong stand stating
that they would not concede any of the workers
demands. The management also acted in ways
that were aimed at dividing the union and the
workers. One incident from the tense period
preceding the 18 July incident reveals this. As
discussed earlier, the Maruti workers were

26

allocated some amount of money on account of


profits from the sales of original spare parts of
Maruti, as part of the incentive scheme. They
usually received a base sum, and in June the
management promised that the workers would
receive an additional 20% of the base amount
on certain conditions. Since the break in
production on account of the workers agitation
of 2011 was counted by the management as
leave taken by the workers, those workers who
were found to have taken fewer days of leave,
would, under this scheme, be given this
additional incentive. However after announcing
this, the management withdrew the scheme, a
fact about which most workers remained
ignorant. When the additional amount was not
given some workers began to assume that the
union members had embezzled the money due
to them. However, the workers and coordinators
took up the issue with the union leaders and
clarified the matter, averting any stand-off.
On 16 July, 2012 the union distributed a
document amongst workers, handed to them
by the management, stating that the latter was
not agreeing to the unions demands. Eleven of
the 12 union members resigned after this the
sole exception was Sarbjeet, the General
Secretary, who strategically remained in his
post in order to receive the resignation letters
of the others, and to ensure that the union had
a representative to deal with the management.
On 17 July the A and B shift workers at the
Manesar unit decided to boycott their pre-shift
communication meetings to protest against the
managements refusal to meet their demands.
And then occurred the infamous incident of
18 July 2012.

CHAPTER FOUR

The Incident and its Aftermath


THE INCIDENT
Two days before the incident of 18 July,
S.Y.L. Siddiqui, the administrative head (Senior
Managing Executive Officer, Admn- HR, IT,
Finance) was overheard by the workers saying
to the HR managers and supervisors that
Manesar plant se gandagi saaf karni hai [(We)
have to clean out the dirt from the Manesar
plant]. According to the workers, this was a
reference to the agitating workers who were
demanding their legitimate rights. The incident
started during the A shift on 18 July with an
altercation between a worker and a supervisor
on the trim line at 10 a.m. The worker, Jiyalal,
who hails from Dhhakal, Jind was on his tea
break. His supervisor Sangram Kishore came
to tell him something related to the details of
production. Jiyalal said that the supervisor
should not cut into his tea break and instead
come to his station at work and give him
instructions.
Since the management always tried to cut
into the seven-minute tea break of workers,
Jiyalals response was a counter to this. In his
statement to the police, the supervisor has
accepted that he was trying to give instructions
to the workers during tea time to which Jiyalal
had objected. Since Jiyalal refused to listen to
the supervisor, there was an altercation between
the two. Sangram Kishore abused Jiyalal in a
casteist-derogatory manner. According to the
management, Jiyalal slapped the supervisor,
but according to workers, none of them would
ever physically assault a representative of the
management.
Another supervisor Piyush Jain tried to calm
down tempers, but the altercation continued,
Sangram Kishore went to report the incident
to HR managers. The HR managers response
to the incident was to suspend Jiyalal and send
Sangram Kishore out of the plant. On that day,
eleven of the twelve union members, who had
resigned a short while earlier, were engaged in
negotiations with the management on the

pending issues, in a room upstairs. On hearing


about the suspension of Jiyalal, the union
members demanded that the suspension be
revoked. They talked to the HR personnel who
agreed to not give a written suspension letter.
However at 2.45 pm, as the A shift got over,
Jiyalal was given a suspension letter when he
was leaving for the day. The union and the
workers were taken aback by this move. Given
this tension, some of the A shift workers did
not leave the plant, even though B shift had
started. They wanted to be with their leaders
till the matter was sorted out.
The negotiations continued for another 3
hours not just about Jiyalal but also the
ongoing pending labour matters. At the time of
these discussions, Labour Officer Dinesh and
Labour Inspector Chandra Pal were also present
there. According to the Deputy Labour
Commissioner, JP Mann, under whose
jurisdiction the Manesar unit falls, they were
sent there at around 1pm, after one of the HR
managers Awanish Dev had called to
communicate that there was some problem at
the plant. Union leader Ram Meher objected to
their presence saying that this was an internal
matter of the company and that they did not
need to be there.
According to the workers, a number of new
workers wearing the uniform of contract
workers, and some bouncers, were present in
the plant from afternoon onwards. Workers also
claim that the police had been called around 2
pm. In another hour, 50-60 policemen had come
into the plant led by the DSP Ravinder Tomar.
The SHO Manesar, Om Prakash Bishnoi was
also present along with 4-5 inspectors and 3040 constables.
From the statements of prosecution
witnesses (in the charge sheet filed into the
incident) as well, it is clear that the police was
called in by around 2-2.30 pm. In fact one of the
witnesses (PW-60) has clearly stated that the
police was called by 2 pm and the SHO with

27

the police force arrived very soon. According to


the statement of police officials, ASI Narendra
Kumar and Ramkumar, Manesar PS, police
arrived from both Manesar Police Station and
the police lines.
According to workers, Ram Meher and
another leader contacted the Senior Manager,
HR, S.Y Siddiqui on the cell phone, asking him
to step in, saying that the situation was
becoming heated and they felt they were getting
caught between the workers and managers.
At one point during the negotiations, it was
almost decided that Jiyalal would be issued a
last warning not to be offensive to the supervisor
and the supervisor would be issued a notice not
to use casteist language. As workers recall, the
matter was sorted out and at around 6 pm the
management had agreed to take back Jiyalal.
At this point, one of the labour officials rang up
Siddiqui and was overheard complaining about
the fact that the dispute was being settled by
the managers and matters might be resolved
soon. Siddiqui then talked to another manager
Vikram Khajanchi, who in turn, asked HR
Manager Awanish Dev to stay quiet and ordered
that Jiyalal be suspended.
No one can clearly recount what happened
thereafter. It appears that some workers rushed
out of the meeting hall and announced that their
leaders are being beaten up. This made many
other workers rush in. The management and
HR personnel got beaten in the melee. Some
workers were also injured. The workers claim
that bouncers were brought to attack them but
the management personnel also got attacked
in this process. They state that the bouncers
targeted the workers and almost 30 workers
got injured, two of them seriously. However they
went to private doctors for treatment, fearing
arrests as the police had unleashed a spate of
arbitrary arrests of workers immediately after
the incident.
According to the managements version of
the incident, even when the members of the
senior management were trying to resolve the
issue amicably, workers forcibly shut the main
gate and prevented managers from leaving the

28

premises. Thereafter the mob, armed with iron


rods and door beams of cars, targeted
supervisors, managers and executives. They
ransacked offices, broke glass panes, damaged
property, and set the offices on fire, killing
Awanish Dev.
The findings of the police investigation
incorporated in the charge-sheet in the case bear
uncanny resemblance to this version of events.
On the other hand the workers raise the
following questions challenging this version:
y When the workers left the room there was
no fire. Who started the fire? There are
only two people in the entire company who
carry lighters inside. They are managers
Vikram Khajanchi and Anil Gaur of the
HR department.
y The room in which Awanish Dev seemed
to have died of asphyxiation has a fragile
door and in all possibility cannot get
locked. Why was it not broken open?
y There were fire sensors in the factory
premises and closed circuit television
cameras as well also, the company had
its own fire service. So why did none of
these safety measures work? Why were
the cameras turned off when they were
otherwise on all the time? If this matter
had been looked into, it would have proved
useful for the investigation. Who was
responsible for this?
y The hall in which the negotiations were
taking place could contain a maximum
of 100 to 150 people standing shoulder to
shoulder. How could so many more
workers be implicated then?
y The attendance record of 18 July has not
been made available. This could help
ascertain the presence of bouncers in
uniforms.
y How did the fire start at the booth near
the gate, which was supervised by the
security guards? How was it set on fire?
Was the attendance register kept there?
y The police claim that the attendance
register was destroyed in the fire on 18

July. However the police got one of the


workers (who enjoyed political clout)
released from custody on 25 July, by
stating in court that according to the
records he had left the plant by 6 pm on
that day. If the records had indeed been
destroyed, how were the police able to
produce this evidence selectively for one
worker seven days after the incident?
y Attendance could be checked from entries
made at several places. So the claim of
the management that the attendance
register was destroyed is false. The
conversations and messages between Ram
Meher and other leaders with HR and
senior management ought to be part of
the evidence. Why are cell phone records
not being investigated, which can
ascertain whether the workers had asked
the HR Head to intervene in the
situation?
y Did the police ask for reinforcements from
any senior authority? If not, why? What
were the police doing during the incident?
y What were the other security personnel,
labour department and HR officials doing
during this time? How could so many
people not prevent the death of Awanish
Dev?
y What is the explanation for the presence
of new workers in the premises on the
day of the incident?
These points cast serious doubts about the
simplified narrative of workers being responsible
for the episode and for the death of the Manager.
It is very difficult to understand how such a
violent incident could happen, in spite of the
presence of police in such large numbers. As
per the charge sheet, workers had stolen
shockers and door beams for beating up
managers, and after the factory was reopened,
205 shockers and 1593 door beams were found
to be missing. How could these equipments be
stolen with such strict security in the factory
premises and gate?
Interestingly all workers interviewed by us
maintain that Awanish Dev was sympathetic

to the workers; he had got their union registered


four months ago. Some workers had visited him
when he was ailing and undergoing treatment
in Artemis Hospital, Gurgaon some time ago.
Why would the workers attack and murder a
manager, who they felt was their well-wisher?
Some workers believe that those responsible
for the attack on 18 July were in fact, bouncers
dressed in Maruti uniforms, who had been hired
by the company. The management wanted to
incite the union, create unrest and then clamp
down on workers and use all this as an excuse
to not accept their demands. The workers also
believe that the incident was actually planned
by the management and it was the bouncers
who set the fire.
Whether or not the workers reading of the
incident is true, the confidence with which they
have been consistently demanding an
independent inquiry into the incident certainly
casts doubts on the widespread notion that the
workers were responsible for the entire episode
of violence, arson and murder. This notion
propagated by the management has been the
basis of arbitrary action against the workers
by the company. The power of this notion, and
those who promote it, is such that even in the
face of contradictory evidence, it guided police
intervention into the case, giving further
credence to the workers demand for a truly
independent investigation into the events.

AFTERMATH
Arbitrary action by the management
The incident gave the management an
excuse to deploy security forces in large
numbers, when the plant reopened in endAugust. This was done to create an atmosphere
of terror, where no one would dare to voice their
dissent.
While the role and culpability of individual
workers (and managers) in the incident should
be investigated, it is very clear that the
management has used it to target and dismiss
the workers it was uncomfortable with. In all,
546 permanent workers and about 2000 contract
workers and apprentices were terminated for

29

allegedly participating in the violence. As


mentioned above, workers claim that the hall
in which the negotiations were taking place
could accomodate a maximum of 150 people.
That the number of workers terminated is about
five times this number points to the arbitrary
attitude of the management.
These workers started getting their
termination letters between 18 and 31 August.
Even as the official announcement of
termination was being made on television on
18 August, workers were getting their
settlement amounts in their bank accounts (as
evident from the mobile alerts from the banks).
They received basic pay for 3 months and also
amounts due on the basis of privilege leave, ick
leave, casual leave etc. Workers like Ram Vilas
and Yogesh (both union members) and others
who were on leave on the day of the incident
have been terminated as well. A standard
covering letter accompanied by a Speaking
Order has been issued to everyone by the
Director and Managing Executive Officer
(Production) alleging that the worker (to whom
it was addressed) was involved in the events of
18 July that led to the death of Awanish Dev
and had engaged in "nefarious activities and
gross misconduct". The letter states the
company has lost confidence in the worker. This
amounted to passing judgments about
individual culpability even before the police
investigation had begun. The FIR has been filed
against 500 to 600 unnamed accused, thus
heightening the vulnerability of all workers, any
of whom could and are being arrested under
this FIR.
No internal inquiry has been instituted to
prove the terminated workers culpability nor
have the workers been given a chance to defend
themselves. In doing so the management is
circumventing the elaborate procedures for
dealing with cases of misconduct listed in clause
(31) of the Standing Orders. The management
perhaps is making use of some draconian
clauses - like (30 g), that allows for dismissal
without notice and (32 b and c), which state
that a special procedure for punishment can be

30

followed in certain cases like as per section 32


(b) where the management is satisfied that for
some reasons to be recorded by the management
in writing, it is not reasonably practical to hold
the inquiry or 32 (c) where it is in the interest
of security of the company, its property and its
employees. It is important to note that these
clauses make the elaborate procedure for
dealing with cases of misconduct redundant and
allow for arbitrary action by the management.
Dismissal of these 546 permanent workers
is absolutely illegal and is a violation of workers
rights. Workers gave us several reasons for
these dismissals. They feel some of these
workers have been thrown out because they
were due for pay revision. They also believe that
the company has got rid of workers who were
active in raising workers issues: therefore,
those terminated include the union members,
the coordinators, as well as other vocal workers.
Such selective targeting of workers results in
undermining an independent union, breaking
workers unity and depriving the workers of even
minimal bargaining capacity.
The workers claim that during the 2011
agitation, the company had given an assurance
to the Chief Minister Bhupinder Singh Hooda
that company would resume operations if the
termination of 30 workers was permitted by the
government. This time around, they claim, a
similar deal has been made and the permission
of firing more than 500 workers was taken by
the company from the state authorities, as a
precondition for restarting the plant. In any case
the dismissal of permanent workers is beneficial
for the management, because they can be
replaced by contract workers.
The managements targeted removal of
workers who were vocal by linking them
arbitrarily to the incident of 18 July is replicated
in the arbitrariness of police action and state
response. The sinister collusion between the
management and police is not a deep secret but
obvious and visible.

Police Action and atrocities


Arbitrary arrests: Arbitrariness of the

management was replicated by the police, which


very clearly acted in collusion with the
management. An FIR was filed with 55 named
accused and over 500 unnamed accused. The
number matches with that of the workers
terminated by the management. Amongst those
55 named in the FIR are some of the 64 workers
who were taken back by the plant, after the
last years struggle. The police then went around
Gurgaon and surrounding villages hounding
workers families, to track down the union
members and workers.
In all 99 workers were arrested on 18 July
itself. The extraordinary zeal of the police for
taking action is reflected in the fact that of these
99 workers, 9 were from Gurgaon plant. One
worker picked up on 6 August was unhesitantly
staying at his residence, since he had no reason
to fear arrest. Six policemen came in the middle
of the night in civilian clothes from the Gurgaon
Criminal Investigation Agency (CIA) and
arrested him. They told the family that the
company had given his name to the police.
Another worker had worked in Shift A ending
at 3pm and had reached his village by 7pm.
Ten days later, the CIA staff came to arrest
him stating that the company had given his
name and he had to present himself at the police
station. When he did so, he was arrested and
remanded to judicial custody. His family
members were not informed. Another worker
was arrested by 6 policemen in plain clothes,
on 6 August. Police told the family that the
management had given his name. This worker
was given an award for being a good worker
about 4-5 months back. While arresting another
worker from his house, the policemen even said
they were doing it out of compulsion. There is
one instance of a worker with a common name
being mistaken for another active union
member, and arrested despite the fact that the
union members brother, also picked up by the
police and taken to identify his brother, failed
to do so!
In another instance the police took away a
worker from his house saying that they were
taking him to Gamdi for identification of another

worker. He never returned, later some one else


informed the family about his arrest.
At least in two cases the mothers told us
that they were not informed about their sons
arrest by the police. In one case they got the
information only 10-12 days later, through an
anonymous phone call and in the other case the
family was informed by neighbors. In the second
case the worker had got scared when the incident
happened and had run away from the site. Was
caught at about 4 km away and was picked up.
In some other cases though the family was
informed by the police, but it was done only after
a delay of 2-3 days. In some of the arrests
between end-July and August first week, the
police came in plainclothes without any visible
name-tag or rank.
The arrests were made in an absolutely
arbitrary fashion and not on the basis of any
investigation by the police; instead lists of
workers to be named as accused and arrested,
were provided by the management to the police.
On 17 August, the SHO Manesar PS. Om
Prakash admitted in open court that the names
of several workers being arrested is based on a
list provided to the police by the company. In
his statement in the charge sheet, the ASI also
has stated that the police asked the
management for such lists, which were then
provided to them. Even if we accept that it is
logical that as part of the investigation the
management is consulted to name the suspects,
the moot question is on what basis the
management could provide a list of hundreds of
suspects without the attendance record.
A number of workers, including at least one
union member and 25 contract workers, who
are in jail today, were on leave on 18 July. It is
very clear that the union members, coordinators
and those active in 2011 protests were targeted.
Due procedures were also not followed while
making the arrests. Not informing the families
about the arrests, place of remand, not allowing
the lawyers to be present are some of the
violations of the DK Basu judgment that deal
with the norms to be followed during arrests.
Proper medical examinations were also not

31

done. ACP Ravinder Tomar and Om Prakash


are guilty of these violations. The arrested
workers were subjected to torture in police
custody, which is again a serious violation.
Presently 149 workers are in jail, with charges
as serious as Sections 302, 307, 120 (b) of IPC
against some of them. About 50-60 of them are
casual workers or trainees. Arbitrariness of the
entire action is again clear from the fact that
20-25 contract workers who were not on duty
on that day are also in jail.
The charge sheet filed by the police is yet
another example of their siding with the
management. The charge sheet does not have
names of the prosecution witnesses (PW), they
are only referred with numbers tags. It is
therefore not even possible to ascertain, which
one of them are real and which are fake. Reason
given for not disclosing the names of the
witnesses is their protection and permission
for this has been taken on the basis of the SC
case of protecting the identity of the PW in the
Best Bakery case of the Gujarat carnage! The
vulnerability of the witnesses in the Best Bakery
case is understandable as they are victims of
one of the worst carnages and had to depose
against the powerful police, majority
community and the administration, but to use
this logic for Maruti management is simply
ridiculous. The irony is that the court has
accepted this logic. As a result, all references to
the management people and the supervisors
have been omitted from all the statements. This
work has been done quite carefully and the
names, post, vehicle no. of all managers and
supervisors have been omitted. For instance the
statement would read as, I . heard about
the incident, went to the shop floor found .....
standing there. As per the lawyer, technically
this is an incomplete charge sheet and the
workers should be bailed out on the ground, that
the police has not filed the charge sheet in the
stipulated time of 3 months. However, court has
not granted bail to any of the 149 arrested
workers and all of them continue to be in jail,
till the time of writing of this report. No heed
has been paid to claims of some of them of being
on leave, or having left the scene of the incident

32

beforehand etc. by the judge.


Other major problem with the charge sheet
is that there is complete silence on the presence
of outsiders, especially the large presence of hired
bouncers at the site of the incident.

Torture: Union members had gone into


hiding on the day of the incident. They
surrendered on 1 August, were arrested and
produced before the Magistrate the next day and
remanded to 8 days police custody. In custody,
all the twelve union members and Jiyalal were
subjected to brutal third degree torture.
Workers were severely tortured at Sector 46 and
Sector 10 Gurgaon police stations under the
supervision of the CIA. They were stripped and
beaten, hung up by one hand, legs stretched
apart on both sides beyond capacity, beaten in
groin, submerged completely in dirty water,
given electric shocks, rods inserted in anus etc.
They were made to sign on blank papers. All
the union members were limping when
produced before the magistrate a day after the
arrest, clearly indicating that the torture was
started from the very first day. The only
explanation of these police atrocities is the
collusion of the police with the management in
trying to teach the workers a lesson.
When the tortured workers were produced
in court of the CJM on 2 August, an application
for medical examination was filed on their behalf
by their lawyer. However, the CJM Rajesh
Sharma was on leave at the time and eventually
ordered a medical examination only on 30
August. After this the medical examination was
further delayed by the police. This deliberate
delay on the part of the police meant that the
marks and evidence of torture got erased.
Medical examination u/s 54 CrPC was finally
done on 21 September. The medico legal reports
of all 13 workers, record pain in back, shoulders,
chest and joints, decreased hearing, tenderness
in joints, thighs and groins, bruises in ankles,
heels, soft tissue injuries, difficulty in movement
of thighs, hand etc, all indicative of severe
torture.

Harassment of family members: Apart

from all this, the complicity of the police with


the management is also apparent in the
harassment, illegal detention and intimidation
of the family members of the accused workers.
This was especially evident prior to the
surrender of the union members, which was
projected by the police as their arrest from
Hansi on 1 August.
Testimonies have borne this out amply. The
father, brother and uncle of one of the officebearers of MSWU were picked up for
interrogation and detained in the Sector 10 CIA
police lock-up in Gurgaon. Some were detained
for over 24 hours, without any official entries
made. The father-in-law of another union leader
was taken for interrogation three times by the
police, despite his repeated assertion that he did
not know the whereabouts of his son-in-law. The
police also tried to take his wife and two small
children (2 and 6 years old) but they were
prevented from doing so by the villagers who
asserted that there were no policewomen
present.
In another case the police tried to take the
wife of a worker for questioning, she was spared
only when the family members objected to this.
However, his brother-in-law was picked up for
questioning on 21 July. The father of another
worker was picked up while he was cutting
grass and then left far away from his house.
Similarly, the brother of a worker was kept in
custody till the worker surrendered.
Some of the family members were detained
for over 24 hours, without any official entries
made. This clearly amounts to illegal detention.
Harassment of the family members cannot be
justified irrespective of what the workers may
or may not have done. Quite obviously no
policemen have been held accountable for this
illegal harassment of the family members.
During this period, one of the workers has
lost his daughter and mother. Family members
of others are having a tough time, in visiting
them in jail, following up their cases with the
lawyers etc. The hardships faced by these
families are colossal.

FURTHER DEVELOPMENTS
The terminated workers are continuing to
carry forward their struggle against all odds
under the banner of the MSWU. They continue
to get the support of those who are still working
in the plant. They are engaged in a tough battle,
full of challenges, where they also have to deal
with the court cases of the arrested workers
and have to live in constant tension of being
implicated and arrested any time. With the
entire union body in jail, the provisional
committee is actively taking up the issue of the
illegal termination of workers, arbitrary arrests
and in general, the state-management-police
nexus. Needless to say, all are being met with
a heavy hand so as to break the morale of the
workers.
Some of the developments since the immediate
aftermath are:
y On 17 August 2012 thousands of workers
from across unions and industrial units
united in a mass protest against the
decision of the Maruti management to
sack its employees. The workers gathered
at the Mini-Secretariat and submitted a
memorandum demanding reinstatement
of 500 employees. Trade unions
questioned the move by the Maruti
Suzuki management and asked whether
it had sought the statutory prior
permission from the Haryana
government before resorting to such
mass-scale termination.
y In a rare and impressive show of
solidarity and joint action, over 150
workers in judicial custody, all workers
inside the Manesar unit and over 500
workers went on a two-day hunger strike
on 7-8 November 2012 outside the MiniSecretariat in Gurgaon. Many local
workers unions and those from other
parts of India also supported the
event. The main demand was the
reinstatement of the 546 terminated
workers.
But barely had the programme started

33

when the police descended on the spot,


tore down the tent of the workers and
picked up 29 workers. The workers were
taken to the Bhondsi Police Station.
Members of MSWU and workers unions
of Gurgaon and some journalists followed
up and pressure was mounted on the
police until the 27 workers were released.
However, two members of the sevenmember provisional working committee,
Ram Niwas and Om Prakash, were kept
under illegal detention. They were taken
to Sector 46, CIA Police Station and were
both interrogated and threatened; they
were released later that night only after
pressure from other trade unions and
democratic rights groups, including
PUDR.
y On 6 December 2012, at around 3 pm,
the Haryana police picked up and
harassed some Maruti workers and
volunteers from other workers
organisations while peacefully
distributing leaflets regarding a future
public programme of theirs.
y The workers organised a convention on 9
December 2012 at Ambedkar Bhavan in
Delhi. At the end of the convention, there
was a march up to Jantar Mantar. Most
speakers emphasised the demand for a
CBI probe into the events of 18 July,
reinstatement of all terminated workers
and release of those arrested. The workers
submitted a memorandum to the Prime
Minister with their demands that also
included the abolition of the illegal
contract labour system especially because
of the permanent nature of work in the
automobile industry. The MSWU also
upheld the right of workers to form
unions and demanded that within 45 days
of filing an application for registration of
a trade union, the labour department
concerned must ensure the due process
to register the union.
y A week long program comprising of
Justice Rally through the villages and

34

cities across Haryana was organised by


the Provisional Working Committee,
MSWU from 21 January 2013, after all
talks
with
the management and labour department
for the reinstatement of terminated
workers failed. The programme
culminated in a dharna in Rohtak on 27
January. During this period too, the
workers participating in the jattha and
cycle rally were harassed, intimidated
and finally forcibly picked up by the police
from Bilaspur; the cycles all 20 of the
workers were dumped into police vehicles
and dropped off at a village in
Jhajjhar. When the workers resisted by
lying down on the ground and holding on
to each other, the police used force to
remove them and gave threats of arrests
and torture if they entered Gurgaon. The
MSWU union office was raided on 22-23
January 2013.
y Imaan Khan, one of the active members
of the Provisional Working Committee,
MSWU was picked up by the Haryana
police in the morning of 24 January 2013,
just before a press conference of the union
was to begin from outside the union office
of Sarva Karmachari Sangh in Civil
Lines, Gurgaon. He was charged under
Sections 302, 307, 120(b) of IPC.
y Family members of workers are being
continuously harassed, by being
repeatedly summoned to the police
stations and pressurising them to get the
workers to stay out of organising
themselves. Workers inside the plant are
being given transfer orders to distant
places
for
supporting
the agitation. Transfer orders were
handed out to 12 workers to Mumbai,
Kerala and Guwahati. This amounts to
a virtual dismissal since workers find it
tough to relocate. Also non-bailable arrest
warrants against 66 more workers have
been slapped by the police in January
2013.

y On 21 February 2013 the MSWU


representatives met the Chief Minister of
Haryana, Bhupinder Singh Hooda. In this
meeting he warned the workers not to
take out any more rallies or else they will
all be arrested.
y The union decided to start a dharna from
24 March 2013 and an indefinite hunger
from 28 March in Kaithal, Haryana in
front of Kisan Bhavan, the residence of
the Haryana State Industries Minister,
R.S. Surjewala, to demand the release of
arrested workers and the reinstatement
of terminated workers as well as an
independent and higher judicial inquiry
into the 18 July incident. The dharna was
started as per schedule and 4 workers sat
on hunger strike. The administration
responded by heavy deployment of police
force at the site and pressurising the
workers to discontinue the protest. Local
residents and shopkeepers also were
threatened and warned against
supporting the workers. The workers
were forced to shift the dharna site on 30
March. Kaithal police filed a case of
issuing death threat and capturing of the
plot of land (where they were sitting in
protest) against 4 named and 60 unnamed
workers.
y A protest meeting was organised by
MSWU, together with a number of trade
unions and other organisations, including
PUDR on 1 April at the Mini
Secretariat. The group met the Deputy
Commissioner, Kaithal and submitted a
memorandum to him. The DC directed

the police authorities to look into the cases


filed against the workers sitting on
dharna and also allowed them to shift
their dharna site to the Mini Secretariat.
In its proactive behaviour, in making the
arrests in accordance with the demand made
by the management, in violating the safeguards
available to the accused at the time of arrest
and in custody and in subjecting the workers
to brutal torture and in harassing their family
members, the police has clearly acted in a biased
manner and has violated the laws. In fact, when
the PUDR team was interviewing Maheshwar
Dayal, DCP over phone, he stated that "It has
been a model investigation and will see a model
conviction. I can tell you that Manesar will not
see violence in the future. The Maruti
management has decided to stay on because of
the police presence there. There is a special
battalion, the Indian Reserve Battalion (IRB)
there 500 persons, and 150 PSOs and staff
and also the HQ of the ACP has been shifted to
Manesar from Pataudi." What else is needed to
show how the big companies enjoy state
patronage at the cost of the workers? The DCPs
statement also suggests that the Maruti
workers are being punished for any agitation
which could occur in future and the harassment
and imprisonment that many of them are facing
is aimed as a deterrent against any agitation
by them or other workers in the area, and not
at pinning down the guilty. The investigation
is yet to be concluded. While we await justice,
the harassment of workers continues. The
managements agenda is being fulfilled in
termination of workers and preventing
unionisation.

35

CHAPTER FIVE

Conclusion
The tagline used by Maruti Suzuki India
Limited to describe itself in its annual reports
and advertisements implies that Maruti is a
Way of Life. The car and the company are
believed to symbolise the pride of India, i.e., it
is much more than simply a car or any other
car company and this is an idea that is
seemingly shared by the media and large
sections of people. It enjoys close to 40% of the
market share in the passenger vehicle category.
The companys annual report in 2012, presented
this relationship of customers with Maruti
wrapped in the language of love, literally
making Maruti the source of fulfilment of even
the unstated desires of its customers:
"Customers relate to a company in
multiple ways. They expect the company to
serve them with care and fulfill their
desires, including unstated ones.when a
company is able to do this over time a
relationship is born. . The millions of
families we have connected with offer their
trust and faith in us.Thisalso has an
element of the unconditional a near total
acceptance and trust in what we do. Their
relationship with Maruti Suzuki, we like to
think, has evolved to love." (Annual Report
2012, Maruti Suzuki India Limited)
The claims of the company regarding its
relationship with its customers may or may not
be true, but it is abundantly clear from this
report, that it certainly does not extend the
same love and care to its workers. Close beneath
the surface of this relationship of love and way
of life lies a history of coercion, denial of basic
rights and the dehumanisation of labour by the
company.
The violent incident of 18 July 2012 at
Marutis Manesar unit was most unfortunate,
not only because Mr Awanish Dev lost his life,
but also because it completely derailed the
workers struggle at the unit and has been
maliciously used by the company, government
and the media to malign the workers. After the

36

incident the government made allegations that


the struggle is being led by the Maoists, without
any basis.
Despite persistent ambiguity regarding the
incident, in an absolute disregard to the rule of
law, even before the investigation was over, the
entire blame was put on the workers not just
by the management, but also the police and
administration. This presumption of guilt,
governed the manner in which the police acted
after the incident and amounted to another
grievous violation of the rule of law by its own
custodians and those in power. The police have
acted in an absolutely partisan manner by not
putting an iota of doubt on the plausible role of
the management in the incident; completely
ignoring the discrepancies in the managements
account, the fact that the workers were also
injured, and the presence of bouncers in the
premises. The fact that Awanish Dev, was
always considered by the workers to be
sympathetic to them has also been ignored.
Thus, the police have exclusively arrested
workers and that too without proper
investigation, but on the basis of a list provided
by the management, targeting the workers who
were vocal, articulate and active in the union.
Ever since the first major workers struggle
at Maruti in 2000, the Haryana police have
always sided with the management, but the
severity of the police repression this time was
much higher. The nexus between the police and
the management got exposed most starkly after
the 18 July incident. The close correspondence
between the FIR lodged by the police containing
between 500 and 600 unnamed accused and
the termination of 546 workers by the company
allegedly for being responsible for the violence
on 18 july, cannot be a coincidence. It shows
exactly how closely the police are protecting the
companys interests. In violating the
constitutional safeguards in terms of procedures
of detention and arrests, subjecting the workers
to brutal torture and harassing their family
members, the police have gone out of the way

to serve the companys interest. The partisan


nature of the police investigation finally got
reflected in the charge-sheet filed by them.
Nine months after the incident, the police is
actively using the tactics of harassment and
arrest to prevent the workers from continuing
their struggle. The scale of police action against
workers seems to be aimed to act as a deterrent
for any agitation in future not only by these
workers but also other workers in the Manesar
and Gurgaon industrial area. The meting out
of model punishment, and the way in which
peace was restored at the Manesar unit
through massive police deployment, are all
measures aimed at pleasing the corporates, and
is possibly demanded by them as a guarantee
for their continuation in the area.
The state government of Haryana too
colluded with and directed the police to connive
with the company in flouting basic rights of
workers. The high degree of police harassment
that even terminated Maruti workers are facing
indicates that the police are pro-actively
criminalising workers protest, and making
unionisation or any struggle difficult if not
impossible.
Though the principle of fairness demanded
that an independent probe into the incident was
conducted. However, the workers demand for
an independent investigation has been totally
ignored by the state and the central
government. In the light of all this and given
the history of role of judiciary in Maruti
matters, it is unlikely that the accused workers
will get a fair trial. The fact that none of the
arrested workers have been granted bail till date
does not generate much hope.
We wish to assert that an investigation and
trial based on preconceived notions and not
on the basis of scientifically gathered evidence
could mean that the real culprits of Awanish
Devs death will escape scot free. This would
amount to a travesty of law and denial of justice
to him.
It is important to recognise that the incident
of 18 July occurred in the context of steadily
escalating tensions between the workers and
management and the latters consistent refusal

to meet the workers legitimate demands and


redress their grievances, raised through their
legally constituted union. The incident cannot
be divorced from embedded structural violence
and systemic exploitation that the Maruti
workers have been subjected to over several
years through inhuman working conditions, the
speeding up of the production process and antiworker policies.
Denial of constitutional rights has been part
of this structural violence since long. Maruti
management made the signing of a good
conduct undertaking a precondition for the
workers to enter the factory premises in the
2000-01 struggle at the Gurgaon unit and in
September 2011 at the Manesar unit. The good
conduct undertaking effectively took away the
right of the workers to go on a legal strike, a
right guaranteed by the Industrial Disputes Act
(25T, 25U read with the Fifth Schedule); this
also amounts to unfair labour practice as per
Section 8, Fifth Schedule, IDA.The nexus of the
state and the company can be gauged from the
fact that though the Union Labour Minister
stated in the Parliament on 28 November 2012
that, "Demanding of good conduct bonds from
workers as a condition before allowing them to
resume work is an arbitrary act and it also
amounts to unfair labour pracice as per IDA,
but he actually took no steps to stop this being
done in Mauti.
Just as in 2000, the company imposed a
lockout by sealing the gates of the Manesar
plant, and then pronounced it an illegal strike
by workers, and used this alibi to deny the
workers the bonus due to them for the duration
of the lockout and also not taking back a large
number of the contract workers. This happened
despite the fact that the union at Manesar had
agreed to sign the undertaking after the lockout
of over a month.
The Maruti management has also
consistently violated the workers constitutional
right by creating hurdles and actively
preventing them from organising themselves.
The policy of the Maruti management not to
let the workers unionise, is a violation of the
Indian Trade Union Act (1926). Prior to 2000,

37

the workers at Gurgaon unit could negotiate


with the management through their strong
union. However, after the struggle that year,
the union was crushed and a pro-management
union was floated. Certain gains made by the
union in the year 2000 in the Gurgaon unit
such as two rest periods of 20 minutes each
during the work-day had been lost by 2006.
By the time the Manesar unit was set up that
year, these rest periods were left out.
The labour department connived with the
management in depriving the workers their
right to unionise. In August 2011, it rejected
the pending application of the workers for
registration, citing technical grounds.
Effectively, an application for registration filed
on 3 June 2011, resulted in actual registration
of the union on 1 March 2012, after months of
fraught struggle.
Since mid-2011, as the workers struggle
intensified, the management responded by
targeting active workers through suspensions,
terminations and registration of false cases
against them. Once the union got registered,
its members and coordinators have faced similar
or worse harassment. All the union members
were implicated in the 18 July incident leading
to complete breakdown of the union and making
the workers vulnerable as they have lost all
avenues of negotiation with the management.
After forcibly removing the union from the unit,
the company is now making a farcical gesture
towards dealing with workers issues, by setting
up a joint worker-management grievance
committee and compelling the workers to be a
part of it.
Like all other corporates, the main driving
factor in Maruti is reducing production costs,
maximising profits and competing against other
companies. One of the ways used is to extract
maximum work from the workers. This is
reflected in the fact that at Maruti, the
production capability and targets are set
considerably higher than the installed capacity,
i.e., production capability of the company is 1.55
million units per annum even though installed
capacity is 1.26 units per annum (Annual
Report, Maruti Suzuki India Limited, 2011-

38

12). This translates into an assembly line that


is relentlessly moving non-stop, at the highest
speed. Workers are made to work like machines
and subjected to extraordinary pressure. Any
attempt to challenge this tyranny and seek
some relief even through legal ways, is seen as
disruptive behaviour and is not tolerated as
this would cause a hindrance in the flow of
profits. So it is not strange that the union
members and other vocal workers in Maruti
have been subjected to persecution through
issuance of show cause notices, punishments
in the form of salary cut, suspensions, transfers
and terminations ever since 2000. Through
their selective action and inaction the state
authorities have abetted this design.
Another major cost cutting measure used
by Maruti is by way of employing a large
number of casual/contract employees on regular
jobs, even though it is a violation of Contract
Labour (Regulation and Abolition) Act, 1970,
and Contract Labour (Regulation and Abolition)
Central Rules, 1971. Contractulisation started
in a big way in Maruti since the beginning of
the last decade and the Manesar unit had about
75% contract workers in July 2012. The practice
of hiring contract workers started in response
to what were seen by companies as rigid labour
laws and obdurate trade unions. It has now
become routine and is an easy way to get cheap
labour. Companies ensure that a large
percentage of the work-force remains in the
contractual category and is paid much lower
wages than what the permanent workers get.
The Central and State governments ignore this
with a view to attracting investments. For
employers, this is an easy and convenient way
of keeping labour costs low and it also ensures
flexibility. This issue has been one of the causes
behind the unrest at Maruti. After the 18 July
incident the company announced with a lot of
fan-fare that the contract workers will be
regularised. However this regularisation has
not really materialised. As mentioned ealier the
contract workers working ealier seem to have
been replaced by casual employees of the
company and the helpers, employed through
contractors and paid much less than full
workers.

On the basis of these facts, it needs to be


highlighted that the Maruti company has been
responsible for flouting the constitution with
complete impunity.
One of the notable features of the recent
labour struggles at Marutis Manesar unit has
been an unprecedented unity between
permanent and contract workers. The labour
union has consistently taken up issues
pertaining to the contract workers. One of the
main demands from the beginning of the
struggle has been the regularisation of contract
workers. The terminated workers who have
regrouped under the MSWU include both
permanent and contract workers. Contract
workers are also among those who have been
held guilty of the violence on 18 July and are
now in jail.
What makes the Maruti story extraordinary
is certainly not the company and its cars but
the extraordinary struggle of its workers that
has continued inspite of ruthless repression by
the management and the police and failure of
the labour department and the judiciary at all
levels to provide any justice to them. Above
all, the workers have tenaciously fought for
their political right to form their own union.
Their struggle has also concentrated on
creating democratic structures within the
union, and through these, finding ways of
articulating their grievances regarding the
highly exploitative labour regime.
This report has been an attempt to expose
the truth behind the Maruti way of life, the
denial of workers democratic rights by Indias
most powerful auto company, the active
abetment in the process by the state, and to
understand the present context of struggle and
repression in Maruti. It reveals how the
unrelenting and seamless nature of the nexus
between police, the administration, the
management and the judiciary is blatantly
serving the interests of capital. The absence of
any semblance of protection for workers of the
automobile industry, the most advanced
industrial sector, which is heralded by the neoliberal regime as its hallmark, brings to light
the grave challenges before the working class

today. The possibilities for justice in this


scenario appear very bleak.
The oligarchs who make up Indian Inc. and
who are so concerned about the worsening
investment climate, should engage in some
soul-searching. They should ask themselves whether they should continue to treat the
Indian worker simply as a cost factor that has
to be reduced to zero or should they treat them
with a little more respect, so that they too can
live, and work, with dignity.
Therefore, PUDR demands that:
1.An independent and unbiased judicial enquiry
be initiated into the events that led to the
death of Awanish Dev. The judge nominated
should be someone both parties are agreeable
to.
2.The police investigation should not be carried
out by police officers of Haryana. An SIT be
made comprising police drawn from some
other states to investigate the incident of 18
July.
3.The role of several hired bouncers that led to
the precipitation of the events at the spot be
investigated and a list made available.
4.The Haryana police, responsible for violation
of legal guidlines regarding arrest and for
custodial torture of arrestees, and
harassment of their family members be
identified and criminally prosecuted.
5.The safety and security of workers within the
Manesar unit that reopened on 22 August
2012 with heavy deployment of security forces
be ensured. The rights of workers at the
plant, guaranteed in law be maintained
stringently.
6.Re-instatement of all workers be ensured in
the absence of definite evidence of their
involvement emerges.
7. Role of the labour department should be
investigated and action should be taken
against the officials for not fulfilling their
constitutional obligations.
8. All the workers arrested for the 18 July
incident should be immediately granted bail.
The trial into the incident should be speedily
done and those not guilty should be acquitted.

39

Page before page number 1

Contents
Chapter One
Chapter Two
Chapter Three
Chapter Four
Chapter Five

Background
Dehumanisation of work-force
The struggle
The incident and its aftermath
Conclusion

2
10
22
27
36

I Employee Salaries & Benefits

Tables
II Timeline of Developments and labour Stuggle at Maruti 7
Boxes

40

1 Policies, Growth and Wages: The Auto Industry

2 Human Robots 1
3 Illusion of pay revision
4 Human Robots 2

12
16
21

COVER I (Front cover)

DRIVING FORCE
Labour Struggles and Violation of Rights
in Maruti Suzuki India Limited
A PUDR Report
May 2013

41

COVER 2 Inside front cover

Nowadays, anyone who wishes to combat lies and ignorance


and to write the truth must overcome at least five difficulties. He
must have the courage to write the truth when truth is
everywhere opposed; the keenness to recognise it, although it
is everywhere concealed; the skill to manipulate it as a weapon;
the judgment to select those in whose hands it will be effective;
and the running to spread the truth among such persons.
Bertolt Brecht

42

Inside back cover

As we go to print
On 26 April, 2013, the workers of MSIL (Maruti Suzuki India Ltd.)
were still continuing their several months old struggle and were on
dharna in Kaithal for their legitimate demands as has been stated
in this report.
That very day the Financial Express reported that MSIL has made a
net standalone profit of Rs1,147.5 crores. This marks 79.4 per cent
increase in profit, in the quarter ending on the 31 March. The net
profit of the company during the corresponding period last year
stood at Rs.639.8 crore.
The numbers of cars sold during the same period, i.e., from January
to March 2013, had gone down by 4.6 per cent. According to the
management, the profit still rose due to the higher sales of new
models as Ertiga, Dzire and Swift, cost reduction and localization
efforts, and the benefit of a favourable exchange rate.
In the cobweb of managerial explanations of profit the workers,
their back-breaking and mind numbing labour are not visible at all.
It is obvious that in times when the costs of all inputs have
increased, the reduction in labour costs is contributing
substantially to the profits of the company.
The workers are still there - on a dharna - fighting against police
torture, incarceration, illegal terminations, unfair labour practices,
and for fair and just treatment by the powers that be.

43

Back cover

Have you ever worked on a line puttin out five


thousand bodies a day?
Then, brother, you aint ever been to hell;
The bell rings and the line starts,
Bend, lift, hammer, screw,
No stopping now til noon, or til you drop,
Bend, lift, hammer, screw,
And the sweat pouring into your eyes and mouth
Til your lips are puffed with the salt of it,
Your dripping hair hangs in your eyes
And you cant take time to push it back,
And your belly turns over at the smell of garlick,
Turns sick at the stench of human bodies,
Turns sick at guys spittin tobacco juice and
blood,
Bend, lift, hammer, screw,
Get production, the eternal cry,
Your back feels like its about to bust
And you cant straighten up or stretch,
And the line keeps pushin bodies at you,
And there aint no way you can hold em back,
Bend, lift, hammer, screw,
Oh, Christ, where is that bell,
Bend, lift, hammer, screw,
Four hours of it and then fifteen minutes to eat,
Bolt a hunk of bread and at it again,
Bend, lift, hammer, screw;
Have you ever worked on a line puttin out five
thousand bodies a day?
Then, brother, you aint ever been to hell.
a poem by Ralph Marlatt
published in his column Nuts and Bolts
in the workers journal United Auto Worker in the 1930s

Published by:
For Copies:

Secretary, Peoples Union for Democratic Rights, Delhi [PUDR]


Dr. Moushumi Basu, A-6/1, Aditi Apartments, Block D, Janakpuri, New
Delhi
E Mail:
pudr@pudr.org and pudrdelhi@yahoo.com
Web site:
www.pudr.org
Printed at:
Progressive Printers, A 21 Jhilmil Industrial Area, GT Road, Shahdara
Delhi 110095
Suggested Contribution: Rs.
44

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